Pennsylvania DUI Penalties

Individuals convicted of driving under the influence of alcohol or drugs (DUI) in Pennsylvania often face mandatory incarceration in a county jail or state prison, significant mandatory fines, court costs and suspension of their driving privileges.  A DUI arrest and conviction will often result in the loss of your employment and can cause long-term damage to your future personal and professional opportunities.  With your future on the line, it is important to hire an experienced DUI defense lawyer.

How your DUI Penalty is Determined in Pennsylvania

The penalties for a DUI conviction in Pennsylvania are based primarily on the level of alcohol or drugs in your system at the time you were tested and your prior history of DUI offenses within the last 10 years.  The penalties can also be enhanced if a minor is charged with DUI or if the offense involves an accident resulting in bodily injury, serious bodily injury or the death of another person.

Mandatory Minimum Sentences in Pennsylvania DUI Cases

Most DUI offenses carry a mandatory minimum sentence of incarceration upon conviction.  The mandatory minimum sentence is the minimum amount of time an individual convicted of DUI will be required to spend in a county jail or state prison before becoming eligible for release on parole.  Judges are required to impose required mandatory minimum sentences for certain DUI offenses regardless of any mitigating factors.

Pennsylvania DUI Sentencing Alternatives

There are many DUI sentencing alternatives available that can reduce the harsh consequences of a mandatory minimum DUI sentence.  Many of the programs allow you to work, receive counseling and treatment and maintain contact with your family.  I can review your case and determine your eligibility for the DUI sentencing alternative programs.

DUI Lawyer in Bucks County PA

I have over a decade of experience providing skilled and aggressive representation to individuals facing DUI charges in Bucks County, Montgomery County and the surrounding counties.  Contact me at (215) 752-5282 for a free initial consultation or fill out the confidential contact form for an immediate response.  Appointments are available after business hours and on weekends.

PA DUI Sentences

PA DUI SENTENCING MATRIX	FIRST OFFENSE	SECOND OFFENSE	THIRD  OFFENSE	FOURTH AND SUBSEQUENT OFFENSE
TIER ONE §3802(a)(1) – General Impairment, Unsafe Driving, with no refusal or accident§3802(a)(2) – General Impairment, BAC .08 < .10%	-Ungraded misdemeanor -No min. jail -Up to 6 months probation -$300 fine -Alcohol highway safety school -Treatment if warranted -No license suspension or ignition interlock	-Ungraded misdemeanor -5 days jail min. -6 months jail max -$300-$2,500 fine -Alcohol highway safety school -Treatment if ordered by court -12 month license suspension -Eligible for early ignition interlock license after serving 6 months of license suspension -12 month ignition interlock	-Second degree misdemeanor -10 days jail min. -2 years jail max. -$500-$5,000 fine -Alcohol highway safety school -Treatment if ordered by court -12 month license suspension -Eligible for early ignition interlock license after serving 6 month license suspension -12 month ignition interlock	-Third degree felony -10 days jail min. -7 years jail max. -Up to $15,000 fine -Alcohol highway safety school -Treatment if ordered by court -12 month license suspension Eligible for early ignition interlock license after serving 6 months of license suspension -12 month ignition interlock
TIER TWO §3802(a)(1) – General Impairment, Unsafe Driving, resulting in an accident with injury, death, or damages§3802(b) – High Rate, BAC .10% to .159%§3802(e) – Minors, BAC .02% or greater§3802(f) – Commercial & School Vehicles with .04% BAC	-Ungraded misdemeanor -48 hrs. jail min -6 months jail max -$500-$5,000 fine -Alcohol highway safety school -Treatment if ordered by court -12 month license suspension -Immediately eligible for ignition interlock license -12 month ignition interlock	-Ungraded misdemeanor -30 days jail min -6 months jail max -$750-$5,000 fine -Alcohol highway safety school -Treatment if ordered by court -12 month license suspension -Eligible for early ignition interlock license after serving 6 month license suspension -12 month ignition interlock	-First degree misdemeanor -90 days jail min -5 years jail max -$1,500-$10,000 fine -Treatment if ordered by court -18 month license suspension -Eligible for early ignition interlock license after serving 9 months of license suspension -12 month ignition interlock	-Third degree felony -1 year jail min -7 years jail max -Up to $15,000 fine -Treatment if ordered by court -18 month license suspension -Eligible for early ignition interlock license after serving 9 months of license suspension -12 month ignition interlock
TIER THREE §3802(a) – General Impairment, Unsafe Driving, with Refusal to Submit to Chemical Testing§3802(c) –Highest Rate, BAC .16% or greater§3802(d) – Controlled Substances (Drugs or combination of alcohol and drugs)	-Ungraded misdemeanor -72 hrs. jail min -6 months jail max -$1,000-$5,000 fine -Alcohol highway safety school -Treatment if ordered by court or if BAC is .16% or greater -12 month license suspension -Immediately eligible for early ignition interlock license -12 month ignition interlock	-First degree misdemeanor -90 days jail min -5 years jail max -$1,500-$10,000 fine -Alcohol highway safety school -Treatment if ordered by court -18 month license suspension -Eligible for early ignition interlock license after serving 6 months of license suspension -12 month ignition interlock	-Third degree felony -1 year jail min -7 years jail max-Up to $15,000 fine -Treatment if ordered by court -18 month license suspension -Eligible for early ignition interlock license after serving 9 months of license suspension -12 month ignition interlock	-Third degree felony -1 year jail min. -7 years jail max. -Up to $15,000 fine -Treatment if ordered by court -18 month license suspension -Eligible for early ignition interlock license after serving 9 months of license suspension -12 month ignition interlock

ARD for PA DUI

The ARD program is generally available to first-time offenders facing DUI charges.  Individuals admitted into the ARD program are placed on probation and required to complete certain court-ordered conditions, including a Court Reporting Network (CRN) evaluation, driver safety classes, community service and payment of restitution and court costs.  Individuals who successfully complete the ARD program are eligible to petition the court for the expungement of the records of their DUI case.

ARD Disqualifying Factors

The ARD program is generally not available to individuals charged with DUI under the following circumstances:

• A vehicle crash occurred resulting in serious injury or death to another
• A child under the age of 14 was in your vehicle at the time of the arrest
• You did not have a valid license, registration or insurance when arrested

The ARD Application Process for Pennsylvania DUI Cases

I have a thorough understanding of the specific requirements for the ARD program in Bucks County, Montgomery County and the surrounding counties.  Successful completion of the ARD program will result in a dismissal of the DUI charges by the court.  Individuals who successfully complete the ARD program are eligible to petition the court for expungement of the records of their DUI case.  I can assist you with the application process and pre-admission procedures to ensure that you are in the strongest position to be accepted into the ARD program.

Does ARD for DUI Count as a Prior Conviction if I am charged with another DUI?

No.  In Commonwealth v. Chichkin, the Pennsylvania Superior Court ruled that the successful completion of ARD for driving under the influence does not qualify as a prior DUI conviction for sentencing enhancement purposes.  According to the Chichkin ruling, a subsequent DUI conviction would be considered a first offense even if the individual had a record for an ARD for DUI.

ARD Driver’s License Suspensions

Admission into the ARD program will significantly reduce the driver’s license suspension period for most higher tier DUI offenses.  If your blood alcohol concentration (BAC) was between .08 and .099%, you will not face a suspension of your driving privileges.  If your BAC was between .10 and .159%, you will face a 30-day driver’s license suspension.  If your BAC was .160% or above, if you refused chemical testing, or if your DUI was for controlled substances, your driving privileges will be suspended for 60 days.  ARD program participants who were under the age of 21 at the time of their DUI arrest are subject to a 90-day suspension of their driving privileges.

Ignition Interlock License for Pennsylvania ARD Suspensions

Individuals facing a 30, 60 or 90-day ARD license suspension will be automatically eligible to apply for an ignition interlock license.  Individuals who are approved for an ignition interlock license would be able to avoid the suspension of their driving privileges mandated under the ARD law.  ARD program participants will have the option of either serving statutorily required driver’s license suspension or applying for the ignition interlock driver’s license.

Ignition Interlock License Procedure for ARD Cases

Individuals facing a 30, 60 or 90-day driver’s license suspension as result of admission into ARD for DUI are eligible to apply for an ignition interlock limited license.  Approval for the ignition interlock license would enable a driver to maintain his or her driving privileges during the duration of the ARD-related DUI suspension.

After ARD admission, the Pennsylvania Department of Transportation (PennDot) will mail a “notification of suspension letter” to the driver indicating the suspension start and end date and instructions for turning over the driver’s license to PennDot.

PA Ignition Interlock Device Installation Requirements

Individuals placed on the ARD program for DUI will receive a restoration requirement letter from PennDot 30 days prior to their eligibility for the PA Ignition Interlock License.  Ignition interlock license applicants must provide the restoration requirement letter to an approved Pennsylvania ignition interlock vendor and have an interlock device installed on their vehicle prior to submitting the ignition interlock license petition to PennDot.

Procedures for Mailing the PA Ignition Interlock License Petition

The applicant is required to forward a completed Ignition Interlock Limited License Petition (DL-9108), proof of vehicle insurance and a check or money order for required PennDot fees by certified mail on or after the date their driver’s license suspension begins.  PennDot will deny the ignition interlock license request if the petition has a postmark prior to the date of the driver’s suspension.

Many sentencing alternatives are available to someone who has been charged with a 1^st, 2^nd, 3^rd or subsequent DUI offense.  Many of the programs allow an eligible individual to avoid jail time and maintain his or her employment and driving privileges.  Most of the programs allow participants to continue any necessary drug and alcohol treatment required for a successful rehabilitation.

I am familiar with the application and admission process for all of the county and state DOC DUI sentencing alternative programs.  I can determine your eligibility for DUI sentencing alternative programs in Bucks County, Montgomery County and the surrounding counties.

House Arrest for DUI

House arrest programs provide an alternative to incarceration for individuals facing 1^st or 2^nd offense DUI charges.  House arrest placement is not available for individuals who must serve their sentence in the state prison system.  House arrest programs are more desirable than incarceration because they allow the participants the opportunity to maintain their employment, family support and any necessary drug and alcohol treatment while serving out their sentence.  I can determine your eligibility for house arrest placement for your DUI case in Montgomery County and the surrounding Pennsylvania counties.

Bucks County DUI Restrictive Probation

The Bucks County House Arrest Program for DUI has been replaced with Bucks County Restrictive Probation with DUI Conditions. The Bucks County DUI Home Confinement Program is run through the Bucks County Adult Probation and Parole Department.

Persons interested in the Bucks County DUI Restrictive Probation Program must submit a formal application and complete at least 1 drug and alcohol assessment as part of the screening process.  A member of the Bucks County Adult Probation and Parole Department will conduct an in-person interview and home visit before approving an applicant for the program.  In addition, the DUI sentencing judge must approve restrictive probation with DUI conditions for applicants approved for the program by the probation department.

Individuals approved for the restrictive probation program must follow specific rules and are required to wear an ankle bracelet that uses a radio frequency to communicate with a monitoring system.  Authorities will receive an alert if the device is tampered with or removed.  Importantly, Bucks County DUI Restrictive Probation is an alternative to jail for individuals who may be susceptible to COVID-19 due to their age or existing health conditions.

GPS Monitoring for Bucks County DUI Home Confinement

The ankle bracelets are often equipped with Global Positioning System (GPS) software that will alert authorities if the wearer travels outside a permitted area.  Individuals placed on the DUI Restrictive Probation Program are allowed to travel to work and attend school.

Restrictive probation  participants are also permitted to travel to necessary medical appointments and drug and alcohol counseling sessions.  I can determine your eligibility for DUI Restrictive Probation for your Bucks County DUI case.

The Recidivism Risk Reduction Initiative Program for DUI Cases

The Recidivism Risk Reduction Initiative (RRRI) program may be an alternative for individuals facing sentencing for a 3^rd or subsequent DUI offense who are not eligible for incarceration in the county jail, house arrest, work release, intermediate punishment or other less restrictive sentencing alternatives.

Benefits of the RRRI Program

The RRRI program is available to eligible non-violent offenders who receive a state prison sentence and are in the custody of the Pennsylvania Department of Corrections.  Individuals with a past or present offense involving a crime of violence, a sex crime or a crime involving a weapon are not eligible for the RRRI program.

Participants in the RRRI program must successfully complete a specified number of rehabilitative programs and maintain proper conduct while in the custody of the DOC.  Individuals who complete the RRRI program requirements are eligible for presumptive early parole on their DUI sentence.    RRRI eligible individuals will receive a reduced alternate minimum sentence equal to 3/4ths of their minimum sentence when the minimum sentence is 3 years or less.  I can determine if you are eligible for RRRI for your Pennsylvania DUI.

Start with a Strong Defense

If you have been charged with DUI in Bucks County, Montgomery County or the surrounding counties, you must act quickly to protect your rights and build the strongest possible defense against the charges.  Phone lines are open 24 hours a day at (215) 752-5282.  Call today for a free initial consultation or fill out the confidential contact form for an immediate response.