Individuals convicted of driving under the influence of alcohol or drugs (DUI) face severe Pennsylvania DUI penalties. Those penalties may include mandatory incarceration in a county or state prison, significant mandatory fines and court costs, and suspension of their driving privileges. In addition, 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, hiring an experienced DUI defense lawyer is critical.
How is Your DUI Penalty 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.
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What is a Mandatory Minimum Sentence in a Pennsylvania DUI Case?
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 must impose mandatory minimum sentences for most DUI offenses regardless of mitigating factors.
Are There Alternatives to Jail for a PA DUI?
Many DUI sentencing alternatives are available to allow you to avoid jail for a Pennsylvania DUI case. Most programs will enable 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 Bucks County PA
Have you been charged with DUI in Bucks County, Montgomery County, Delaware County, Chester County, or the surrounding Pennsylvania Counties? I offer DUI legal services at a reasonable rate. Also, I have extensive knowledge of all DUI defenses and will do everything possible to help you defend yourself in court and avoid serious consequences.
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 Penalties Chart
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Download a PDF Version of the 2022 PA DUI Sentencing Chart
How are Pennsylvania DUI Penalties Calculated?
Your DUI penalty will be based on the number of DUI convictions you have within the past 10 years. The 10-year lookback for DUI sentencing is measured from the date of the current DUI arrest to the date of any previous DUI convictions within the past 10 years. As an example:
- Date of 1st DUI offense: June 3, 2007
- Date of conviction for 1st DUI offense: March 27, 2008
- Date of 2nd DUI offense: July 10, 2017
In the above example, the current DUI offense would be considered a second offense for sentencing purposes because the conviction for the 2nd DUI offense occurred within 10 years of the arrest for the current DUI offense.
DUI with a Minor Passenger
Under 75 Pa. C.S.A. 3803 (b) (5), the Pennsylvania Vehicle Code creates a separate crime for committing a DUI offense while a minor under the age of 18 is a passenger in the vehicle. The penalties for DUI with a minor passenger are separate and in addition to any penalties a driver may face for the underlying DUI charge. The penalties for DUI with a minor passenger include:
First Offense
- Mandatory minimum $1,000 fine
- Mandatory 100 hours of community service
Second Offense
- 1st degree misdemeanor
- 30-day mandatory minimum jail sentence
- Not less than 1 month nor more than 6-month maximum jail sentence
- Mandatory minimum $2,500 fine
- Up to 5 years maximum jail sentence
Third and Subsequent Offenses
- 3rd degree felony
- Not less than 6 months nor more than 2 years mandatory minimum jail sentence
- Up to 7 years maximum jail sentence
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.
What Will Disqualify Me from ARD?
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, Philadelphia County, Chester County, Lehigh County, Delaware County and Berks County. 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.
How Long Will my License be Suspended Under ARD?
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.
Additionally, your Pennsylvania driving privileges will be suspended for 60 days if you caused a vehicle accident involving property damage. Finally, 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.
PA DUI Sentencing Options
Many sentencing alternatives are available to someone who has been charged with a 1st, 2nd, 3rd 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 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
Home detention programs provide an alternative to incarceration for individuals facing 1st or 2nd offense DUI charges. House arrest or home detention 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 home detention for your DUI case in Bucks County, Montgomery County and the surrounding Pennsylvania counties.
Bucks County House Restrictive Probation for DUI
The Bucks County DUI Restrictive Probation Program (formerly known as Bucks County House Arrest) began in 2021. Applicants must submit a written application and undergo a home inspection before being approved for the program. In addition, the sentencing judge must approve an individual’s placement on DUI home detention. View a flowchart of the Bucks County Restrictive Probation process from beginning to end.
Individuals approved for the house arrest program must follow specific program 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.
Bucks County GPS Monitoring for Home Detention
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 Bucks County DUI Restrictive Probation Program are allowed to travel to work and attend school. DUI Restrictive Probation participants are also permitted to travel to necessary medical appointments and drug and alcohol counseling sessions. I can determine your eligibility for home detention 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 3rd 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. I can determine if you qualify for the RRRI program for your DUI case.
DUI Lawyer Montgomery County PA
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.
