DUI / DWI

Consequences of a DUI/DWI Conviction

Depending upon the circumstances, a DUI arrest could result in a permanent criminal record.  That means the motorist will have a criminal record that could affect his or her ability to obtain employment or obtain certain types of professional licenses in Pennsylvania.

A conviction may also bring with it the loss of an individual’s driving privileges. Being unable to drive could leave a person having to depend upon family members and friends in order to get to work or school, go shopping or do any of the tasks for which people depend upon their motor vehicles. The specific offenses and punishments are below:

75 Pa.C.S. § 3802(a)(1) General Impairment: makes it unlawful for an individual to drive, operate or be in actual physical control of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.

A conviction under General Impairment carries the following potential penalties:

• First time offender: Probation for 6 months, a fine of $300 and court costs.
• Second time offender: A mandatory minimum of 5 days and up to 6 months incarceration, a fine of $300, court costs, a 12 month license suspension and 12 months of ignition interlock.
• Third time offender:  A mandatory minimum of 10 days to 2 years incarceration, a fine of $500, court costs, a 12 month license suspension and 12 months of ignition interlock.
• Fourth time offender:  A mandatory minimum of 10 days to 7 years incarceration, a fine of $500, court costs, an 18 month license suspension and 12 months of ignition interlock.

If there was an accident that involved serious bodily injury, General Impairment carries the following potential penalties:

• First time offender: A mandatory minimum of 48 hours up to 6 months incarceration, a fine of $500, court cost, a 12 month license suspension and 12 months of ignition interlock.
• Second time offender: A mandatory minimum of 30 days and up to 6 months incarceration, a fine of $750, court costs, a 12 month license suspension and 12 months of ignition interlock.
• Third time offender:  A mandatory minimum of 90 days to 5 years incarceration, a fine of $1,500, court costs, an 18 month license suspension, and 12 months of ignition interlock.
• Fourth time offender:  A mandatory minimum of 1 year to 7 years incarceration, a fine of $1,500, court costs, an 18 month license suspension and 12 months of ignition interlock.

If the driver of the vehicle refused to submit to chemical testing, either for blood or breath,  General Impairment carries the following potential penalties:

• First time offender: A mandatory minimum of 72 hours up to 6 months incarceration, a fine of $1,000, court costs, a 12 month license suspension and 12 months of ignition interlock.
• Second time offender: A mandatory minimum of 90 days up to 5 years incarceration, a fine of $1,500, court costs, an 18 month license suspension and 12 months of ignition interlock.
• Third time offender:  A mandatory minimum of 1 year up to 7 years incarceration, a fine of $2,500, court costs, an 18 month license suspension and 12 months of ignition interlock.
• Fourth time offender:  A mandatory minimum of 1 year to 10 years incarceration, a fine of $2,500, court costs, an 18 month license suspension and 12 months of ignition interlock.

75 Pa.C.S. § 3802(a)(2) General Impairment: makes it unlawful for an individual to drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is at least 0.08% but less than 0.10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

A conviction under General Impairment carries the following potential penalties:

• First time offender: Probation for 6 months, a fine of $300 and court costs.
• Second time offender: A mandatory minimum of 5 days and up to 6 months incarceration, a fine of $300, court costs, a 12 month license suspension and 12 months of ignition interlock.
• Third time offender:  A mandatory minimum of 10 days to 2 years incarceration, a fine of $500, court costs, a 12 month license suspension and 12 months of ignition interlock.
• Fourth time offender:  A mandatory minimum of 10 days to 7 years incarceration, a fine of $500, court costs, an 18 month license suspension and 12 months of ignition interlock.

75 Pa.C.S. § 3802(b) High Rate of Alcohol: makes it unlawful for an individual to drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is at least 0.10% but less than 0.16% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

A conviction under High Rate of Alcohol carries the following potential penalties:

• First time offender: A mandatory minimum of 48 hours and up to 6 months, a fine of $500, and court costs, a 12 month license suspension and 12 months of ignition interlock.
• Second time offender: A mandatory minimum of 30 days and up to 6 months incarceration, a fine of $750, court costs, a 12 month license suspension and 12 months of ignition interlock.
• Third time offender:  A mandatory minimum of 90 days and up to 5 years incarceration, a fine of $1,500, court costs, an 18 month license suspension and 12 months of ignition interlock.
• Fourth time offender:  A mandatory minimum of 1 year and up to 7 years incarceration, a fine of $1,500, court costs, an 18 month license suspension and 12 months of ignition interlock.

75 Pa.C.S. § 3802(b) Highest Rate of Alcohol: makes it unlawful for an individual to drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is 0.16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

A conviction under Highest Rate of Alcohol carries the following potential penalties:

• First time offender: A mandatory minimum of 72 hours up to 6 months, a fine of $1,000, court costs, a 12 month license suspension and 12 months of ignition interlock.
• Second time offender: A mandatory minimum of 90 days up to 5 years incarceration, a fine of $1,500, court costs, an 18 month license suspension and 12 months of ignition interlock.
• Third time offender:  A mandatory minimum of 1 year up to 7 years incarceration, a fine of $2,500, court costs, an 18 month license suspension and 12 months of ignition interlock.
• Fourth time offender:  A mandatory minimum of 1 year and up to 10 years incarceration, a fine of $2,500, court costs, an 18 month license suspension and 12 months of ignition interlock.

75 Pa.C.S. § 3802(d) Controlled Substances:  makes it unlawful for an individual to drive, operate or be in actual physical control of the movement of a vehicle under any of the following circumstances:

(1)  There is in the individual’s blood any amount of a:

(i)  Schedule I controlled substance, as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act;

(ii)  Schedule II or Schedule III controlled substance, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, which has not been medically prescribed for the individual; or

(iii)  metabolite of a substance under subparagraph (i) or (ii).

(2)  The individual is under the influence of a drug or combination of drugs to a degree which impairs the individual’s ability to safely drive, operate or be in actual physical control of the movement of the vehicle.

(3)  The individual is under the combined influence of alcohol and a drug or combination of drugs to a degree which impairs the individual’s ability to safely drive, operate or be in actual physical control of the movement of the vehicle.

(4)  The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. § 7303 (relating to sale or illegal use of certain solvents and noxious substances).

A conviction under Controlled Substances carries the following potential penalties:

• First time offender: A mandatory minimum of 72 hours up to 6 months, a fine of $1,000, court costs, a 12 month license suspension and 12 months of ignition interlock.
• Second time offender: A mandatory minimum of 90 days up to 5 years incarceration, a fine of $1,500, court costs, an 18 month license suspension and 12 months of ignition interlock.
• Third time offender:  A mandatory minimum of 1 year up to 7 years incarceration, a fine of $2,500, court costs, an 18 month license suspension and 12 months of ignition interlock.
• Fourth time offender:  A mandatory minimum of 1 year and up to 10 years incarceration, a fine of $2,500, court costs, an 18 month license suspension and 12 months of ignition interlock.

75 Pa.C.S. § 3802(e) Minors: makes it unlawful for a minor to drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the minor’s blood or breath is 0.02% or higher within two hours after the minor has driven, operated or been in actual physical control of the movement of the vehicle.

A conviction under the Minor section (18 to 20) carries the following potential penalties:

• First time offender: A mandatory minimum of 48 hours up to 6 months, a fine of $500, court costs, a 12 month license suspension and 12 months of ignition interlock.
• Second time offender: A mandatory minimum of 30 days and up to 6 months incarceration, a fine of $750, court costs, a 12 month license suspension and 12 months of ignition interlock.
• Third time offender:  A mandatory minimum of 90 days to 5 years incarceration, a fine of $1,500, court costs, an 18 month license suspension and 12 months of ignition interlock.
• Fourth time offender:  A mandatory minimum of 1 year to 7 years incarceration, a fine of $1,500, court costs, an 18 month license suspension and 12 months of ignition interlock.

FIRST TIME OFFENDERS: The Accelerated Rehabilitative Disposition Program

If you are a first-time offender, you can apply for a program referred to as ARD, or the Accelerated Rehabilitative Disposition Program, which is for first time offenders in Pennsylvania. If accepted into ARD, you will receive a probationary period of supervision during which you must comply with all terms and conditions of the supervision. You will probably have to do some community service and, of course, not offend again during the supervision period.

However, acceptance into the ARD program is within the sole discretion of the District Attorney’s Office and every office has different guidelines and criteria for acceptance. As such, ARD is not guaranteed in every case. Were you in an accident? Was there a child in your car? Was someone injured? If so, you may be rejected for ARD. It is vitally important to hire the right attorney to guide you through the process at every stage. At Reynolds Firm, LLC, we fight to get our clients accepted into ARD.

A DUI Criminal Defense Attorney Could Help

Driving while under the influence is a serious offense that can have devastating consequences. The Reynolds Firm, LLC knows the importance of an aggressive and well-planned defense strategy in securing an acquittal of the charges or a reduction of the charges or punishment. Contact the attorneys at Reynolds Firm, LLC today for a free consultation with a DUI Lawyer about your case.