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Pennsylvania DUI Penalties

Driving under the influence (“DUI”) of alcohol or drugs is a serious criminal offense. Pennsylvania DUI penalties escalate with the amount of alcohol in your blood (your “blood alcohol content” or “BAC”) and with each subsequent offense that occurs within a ten year time period. First-time offenders may qualify for an Alternative Rehabilitative Disposition (ARD) program thereby avoiding a criminal trial and conviction. Anyone convicted of DUI may be facing jail time. The Department of Transportation will suspend the driver’s license of anyone convicted of DUI. Only in very limited circumstances will an individual with a DUI suspended license be eligible for an Occupational License within that one-year suspension period.

Accelerated Rehabilitative Disposition (ARD)

Each county’s District Attorney has the authority to establish and implement the County’s ARD program. As such, it is the District Attorney who decides who will be accepted into the ARD program. The District Attorney will communicate with the police and victim before making a final decision to accept an individual into the ARD program. Those accepted into ARD will face a variety of penalties, depending on the facts of the case.

License Suspension:

  • If driving underage – 90 day license suspension
  • BAC between .08 and .099 – no license suspension
  • BAC between .10 and .159 – 30 day license suspension
  • BAC between .16 and .299 – 60 day license suspension
  • BAC unknown or DUI is drug related – 60 day license suspension
  • Accident involving bodily injury or property/vehicle damage – 60 day license suspension

Generally, persons will be ineligible for ARD for the following reasons*:

  • Failure to waive preliminary hearing
  • Prior ARD /DUI conviction within the prior 10 years.
  • More than one prior DUI, ARD, juvenile adjudication or any other conviction at any time.
  • Prior felony conviction at any time.
  • Accident involving serious bodily injury and/or death.
  • Person under 14 years of age is passenger in the car.
  • Failure to accurately complete ARD application, including prior criminal history section.
  • Driver’s license under suspension at the time of the DUI arrest.

* NOTE: THIS LIST IS NOT EXCLUSIVE AND WILL VARY FROM COUNTY TO COUNTY.
Each county’s District Attorney has the authority to establish and implement its County’s ARD program. As such, it is the District Attorney who decides who will be accepted into the ARD program. The District Attorney will communicate with the police and victim before making a final decision to accept anyone into the ARD program.

Contact Attorney Carole Hendrick for more information on what course of action is appropriate for your case. Call 610-489-0295 or click here.

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