Clients often call in panic mode after doing research online and reading the penalties they face for a first offense driving under the influence (DUI) conviction in Pennsylvania. Those penalties vary depending on what your blood alcohol content (BAC) is and are as follows:
Tier 1 (BAC 0.080 to 0.99)
- 6 months probation
- $300 fine
- Safe Driving Classes
- Court Reporting Network (CRN) Evaluation
- Drug and Alcohol Treatment Evaluation (if warranted)
Tier 2 (BAC 0.100 to 0.159, Minors and Commercial & School Vehicles)
- 48 hours to 6 months in jail
- $500 to $5,000 fine
- Safe Driving Classes
- Court Reporting Network (CRN) Evaluation
- Drug and Alcohol Treatment Evaluation (if warranted)
- 12 month license suspension
Tier 3 (BAC 0.16 or above, Refusal and Controlled Substances)
- 72 hours to 6 months in jail
- $1,000 to $5,000 fine
- Safe Driving Classes
- Court Reporting Network (CRN) Evaluation
- Drug and Alcohol Treatment Evaluation
- 12 month license suspension
While fighting your case may be the best option even if this is your first offense, another option is the Accelerated Rehabilitative Disposition (ARD) Program. ARD is a diversionary program for first time DUI offenders. The good thing about the program is that you are not pleading guilty to the DUI charge and there is a high probability that it will be expunged from your record should you successfully complete the program.
The basic requirements to be accepted into the ARD Program:
- You cannot have been through the program within the past 10 years
- You cannot have had an accident (usually involving another vehicle)
- You cannot have had anyone under the age of 14 in your vehicle at the time of the arrest
The basic requirements of the program:
- Safe Driving Classes
- Court Reporting Network (CRN) Evaluation
- Drug and Alcohol Treatment Evaluation (if warranted)
- Community Service (if warranted)
- 30 day license suspension (BAC 0.100 to 0.159)
- 60 day license suspension (BAC 0.160 or above, Refusal and Controlled Substances)
- 90 day license suspension (if you were under 21)
- Probation between 6 and 12 months
Acceptance into the program is at the District Attorney’s discretion and there are many, many other circumstances that could affect your acceptance into the program and they vary county to county. Consulting an experienced attorney in the practice of DUI defense will allow you to understand the requirements for the ARD Program in the county where your DUI arrest occurred and the allowances for expungement after completion of the program.
Contact Attorney Stephen L. Jones’s Pennsylvania office today at (610) 999-9384 or by visiting our website. We are available 24 hours a day, 7 days a week and offer free case evaluations.
One Response
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