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Pennsylvania DUIHandbookPublished by:The Martin Law Firm, P.C.The Martin Law Firm, P.C.725 Skippack Pike, Suite 337Blue Bell, PA 19422215.646.3980www.jbmartinlaw.comAlthough DUI – drunk driving or drugged driving - is a seriouscriminal offense under Pennsylvania law, individuals who havebeen arrested for DUI in PA are often good people who havefailed to exercise good judgment. The penalties for a DUIconviction in Pennsylvania are harsh, and the impact on yourfuture can be devastating and long-lasting. The experiencedPennsylvania DUI attorneys from The Martin Law Firm haveprepared this DUI Handbook to provide relevant and usefulinformation to those facing DUI charges in PA.
Pennsylvania DUI Handbook Pennsylvania DUI HandbookAn overview of DUI legal procedures and defenses in Pennsylvania.Legal DisclaimerThis document is intended as a public resource of generalinformation and may not apply to particular factual or legalcircumstances. It is intended, but not promised orguaranteed, to be correct, complete, and up-to-date. Theinformation contained herein is not intended to be a sourceof solicitation, legal advice, or opinions and should not berelied upon as such. The Martin Law Firm only provides legaladvice after having entered into an attorney-clientrelationship, which this document specifically does notcreate. An attorney-client relationship will only be createdwith a written, signed agreement with The Martin Law Firm.It is extremely important and imperative that any actiontaken be done on advice of counsel. 1
Pennsylvania DUI Handbook Pennsylvania’s DUI LawDriving under the influence of alcohol or controlled substance - 75 Pa. C.S.A. § 3802The Pennsylvania DUI law is set forth in the Pennsylvania Motor Vehicle Code at 75 Pa. C.S.A. §3801, et seq. In Pennsylvania, an individual can be charged with driving under the influence ofalcohol or controlled substances (drugs) when the individual drives, operates, or is in actualphysical control of the movement of a vehicle such that:1. The individual is rendered incapable of safe driving, operating, or being in actual physicalcontrol of the movement of the vehicle, or2. The alcohol concentration (BAC) in the person’s blood or breath is at least 0.08%.Impairment (BAC)There are three (3) types of impairment set forth under Pennsylvania law that determine thepenalties that will be imposed upon conviction for DUI: General Impairment BAC: 0.08 – 0.99% High BAC: 0.10 – 0.159% Highest BAC: 0.16% and higher**A conviction for driving under the influence of controlled substances in Pennsylvania will be treated asa highest BAC level of DUI for sentencing purposes, regardless of actual BAC. 2
Pennsylvania DUI Handbook DUI Penalties in PennsylvaniaThe criminal penalties for DUI conviction in Pennsylvania are severe and can impact your life formany years following your arrest. The Pennsylvania DUI law sets forth penalties for conviction at 75Pa. C.S.A. § 3804. Penalties for a Pennsylvania DUI conviction may include, but are not limited to,the following: Jail timeFines and costsMandatory drug and alcohol counselingCommunity serviceDriver’s license suspensionProbationHouse arrestCriminal recordPennsylvania courts use a tiered matrix to determine criminal sentences for DUI. Sentencing isbased on both your blood alcohol content (BAC) level and the number of your previous offenses, ifany. If you are represented by an experienced and skilled Pennsylvania DUI lawyer, your lawyer canfight for you to ensure that you serve the absolute minimum sentence possible under PA law.General Impairment DUI PenaltiesFirst Offense Misdemeanor - ungradedProbation: 6 months maximum 300 fineAlcohol Highway Safety SchoolCRN EvaluationDrug and alcohol treatment as orderedSecond Offense Misdemeanor - ungraded12-month license suspension5 days minimum prison sentence 300 - 2,500 fineAlcohol Highway Safety SchoolCRN EvaluationDrug and alcohol treatment as ordered1 year ignition interlockThird or Subsequent Offense Misdemeanor – 2nd degree12-month license suspension10 days minimum prison sentence 500 - 5,000 fineCRN EvaluationDrug and alcohol treatment as ordered1 year ignition interlock 3
Pennsylvania DUI Handbook High BAC DUI PenaltiesFirst Offense Misdemeanor - ungraded12-month license suspension48 hours minimum prison sentence 500 - 5,000 fineAlcohol Highway Safety SchoolCRN EvaluationDrug and alcohol treatment as orderedSecond Offense Misdemeanor - ungraded12-month suspension30 days minimum prison sentence 750 - 5,000 fineAlcohol Highway Safety SchoolCRN EvaluationDrug and alcohol treatment as orderedMandatory ignition interlock for 1 yearThird Offense Misdemeanor – 1st degree12-month license suspension90 days minimum prison sentence 1,500 - 10,000 fineCRN EvaluationDrug and alcohol treatment as orderedMandatory ignition interlock for 1 yearFourth or Subsequent Offense Misdemeanor – 1st degree18-month license suspension1 year minimum prison sentence 1,500 - 10,000 fineCRN EvaluationDrug and alcohol treatment as orderedMandatory ignition interlock for 1 year 4
Pennsylvania DUI Handbook Highest BAC / Controlled Substance DUI PenaltiesFirst Offense Misdemeanor - ungraded12-month license suspension72 hours minimum prison sentence 1,000 - 5,000 fineAlcohol Highway Safety SchoolCRN EvaluationDrug and alcohol treatment as orderedSecond Offense Misdemeanor – 1st degree18-month license suspension90 days minimum prison sentence 1,500 minimum fineAlcohol Highway Safety SchoolCRN EvaluationDrug and alcohol treatment as orderedMandatory ignition interlock for 1 yearThird or Subsequent Offense Misdemeanor – 1st degree18-month license suspension1 year minimum prison sentence 2,500 minimum fineCRN EvaluationDrug and alcohol treatment as orderedMandatory ignition interlock for 1 yearAccelerated Rehabilitative Disposition (ARD)What is ARD?Accelerated Rehabilitative Disposition, commonly abbreviated as ARD, is a pre-trial interventionprogram established by the Pennsylvania Rules of Criminal Procedure. ARD is an alternative to acriminal conviction that is available under certain conditions. The ARD program aims to divert firsttime offenders from the criminal justice system. Essentially, the ARD program is intended toencourage first-time DUI offenders to make a fresh start upon successful completion of arehabilitative program by offering the possibility of expungement of the candidate’s criminal record.ARD RequirementsPennsylvania ARD is generally available for first-time DUI offenders. There are a few exceptionsunder the law such as cases involving serious bodily injury. The appropriate Pennsylvania CountyDistrict Attorney must move before the judge for your case to be considered for ARD. It is highlyadvisable that you consult an experienced Pennsylvania DUI lawyer for assistance with applicationand completion of the ARD program. 5
Pennsylvania DUI Handbook Conditions of ARDAll judicial districts in Pennsylvania have different administrative requirements for processing anddisposing of ARD cases. Generally, conditions of ARD include successful completion of probation,fulfillment of community service, full and timely payment of fines and costs, completion of a drugand alcohol evaluation conducted by an authorized official, and attendance and completion ofmandatory alcohol awareness classes. A violation of any of the above conditions can result inimmediate judicial termination of the ARD program. The District Attorney will then proceed with theoriginal charges against the defendant.ExpungementIf you complete the ARD program successfully, you will then be eligible for expungement of the DUIcharge from your permanent criminal record. A Petition for Expungement must be properly filedwith specific county, state, and local authorities. The requirements for expungement inPennsylvania are rather tedious and vary from county to county. For these reasons, it is generallyrecommended that an experienced attorney assist in the expungement process. Once confirmationof the expungement is received from all of the necessary agencies, the DUI charge will no longershow up on a criminal background check, freeing you from the stigma of a criminal conviction.DUI Defense Strategies in PAIf you have been charged with drunk driving or drugged driving in Pennsylvania, it is very importantthat you contact an experienced Pennsylvania DUI lawyer as soon as possible following your arrest.Insight and advice from competent legal counsel during this time can be invaluable. In response togrowing public opinion on the subject, Pennsylvania state and county authorities have been trainedto take even first-time DUI charges very seriously. As a result, the consequences that can beimposed upon conviction are severe and long-lasting. The advice and expertise of a knowledgeableDUI attorney can be critical during this process. An experienced Pennsylvania DUI attorney cananalyze the following areas to explore defense strategies for your DUI case:Traffic stopThere are strict standards that Pennsylvania police must follow in order for a traffic stop forsuspected DUI to be legal. A qualified DUI lawyer can review the facts of your case and anyavailable video surveillance tapes to determine whether there was a legal basis for yourinitial traffic stop. If the traffic stop did not meet the legal standard necessary to properlypull you over, a skilled DUI lawyer will have any evidence of intoxication obtained from thetraffic stop suppressed, meaning that the prosecution will be prohibited from using thatevidence against you in court.Field sobriety testsThe decision to conduct field sobriety testing must be based on specific facts that lead thepolice to believe that you may be intoxicated. Although you are not required to submit to 6
Pennsylvania DUI Handbook field testing under PA law, refusal to take the tests can be used by police as evidence of aguilty state of mind. Standardized field sobriety tests in Pennsylvania include the one-legstand, walk and turn, and the horizontal gaze nystagmus test. An experienced DUI attorneywill review the police report to look for inconsistencies in testing procedures, instructionsgiven to you before each test, whether you have any medical conditions that could haveprevented you from accurately completing the tests, and whether there were any weatherconditions present that could have prevented accurate completion. Calling these issues intoquestion can play a significant role in whether evidence obtained from field sobriety tests isadmissible in a Pennsylvania DUI case.Preliminary Breath Test (PBT)Many people confuse the "informal" roadside preliminary breath test (PBT) with the "formal"chemical testing that is administered back at the police station or DUI processing center.This is an important distinction. The sole purpose of the PBT is to assist the police officer indetermining whether or not you should be placed under arrest for DUI. Under Pennsylvanialaw, you are not obligated to submit to the PBT. Recent Pennsylvania case law hassignificantly called into question the accuracy of the portable breath test devices customarilyused by police in PA.Probable cause to arrestThe police will attempt to collect enough evidence that you are intoxicated to meet thestandard necessary to make an arrest, called probable cause. Probable cause can be adifficult standard to reach. The police will attempt to use your performance on field sobrietytests as well as your driving behavior, speech characteristics, the smell of alcohol, and youroverall behavior as reasons to arrest you for suspected DUI. This is why it is extremelyimportant to exercise your right to remain silent if you are pulled over for DUI. Anexperienced DUI lawyer will comb through the evidence relied upon by police in reaching thelegal standard. If the evidence falls short, the charges against you may be completelydropped.Chemical testingYou have the right to refuse chemical testing that is requested of you during a DUI stop;however, Pennsylvania’s Implied Consent Law provides that if you refuse, you willautomatically lose your license for 12 months. DUI proceedings can still occur even if yourefuse chemical testing. Although this license suspension will be considered completelyseparate from your DUI proceedings, evidence of your refusal may be used against you incourt. If you submit to chemical testing, a skilled DUI attorney may be able to challenge thevalidity of the tests. Chemical testing for DUI purposes must be performed under a verystrict set of guidelines and regulations. Any deviation can create doubt as to the accuracy ofthe test results. An experienced DUI lawyer may be able to show flaws in the testingmethods. 7
Pennsylvania DUI Handbook Drugged Driving / Drug DUILaw enforcement officials are aggressively targeting motorists for driving under the influence ofcontrolled substances, also known as drugged driving, or Drug DUI. Arrests for drugged drivingthroughout PA have increased drastically over the past several years, due in part to special DrugRecognition Expert training undertaken by the Pennsylvania State Police. You can be pulled overfor drugged driving in Pennsylvania just like any other alcohol-based DUI stop. UnderPennsylvania’s Implied Consent Law, any driver in PA is deemed to have given consent to chemicaltesting for the purpose of determining the presence of a controlled substance. If a chemical test ofyour blood, breath, or urine reveals the presence of a controlled substance, including marijuanaand/or prescription drugs, you may be charged with a DUI. Conviction for drugged driving subjectsyou to the same criminal penalties as the highest level of DUI under Pennsylvania law.Legal Representation for Pennsylvania DUI ChargesIf you or a loved one is facing DUI charges in Pennsylvania, it is imperative that you contact anexperienced PA DUI lawyer as soon as possible following your arrest. The importance of retainingcompetent and qualified legal counsel to defend you for a Pennsylvania DUI charge cannot beoverstated. Your greatest opportunity for reaching the best possible result in your DUI case hingeson whether you have an experienced DUI lawyer on your side.State, county, and local authorities in Pennsylvania have been trained to take even first-time DUIcharges very seriously, and conviction for DUI will result in the imposition of harsh and long-lastingconsequences that can impact your future for years following your arrest. The advice, expertise,and resources of an experienced DUI attorney will be invaluable throughout this legal process. Anexperienced DUI attorney will advocate for your rights and explore potential defense strategies foryou. Issues to be considered include, but are not limited to, the following: Whether you were actually operating the vehicleLegality of your traffic stopCredibility of proof of your intoxicationWhether the probable cause standard for arrest was metWhether chemical testing was performed in full compliance with standard proceduresAccuracy of the blood, breath, or urine test resultsRefusal of chemical testingOut-of-state DUI chargesEligibility for alternative sentencing programsPossibility of expungement of your criminal recordSelecting a DUI AttorneyKnowledgeable DUI attorneys can help their clients to obtain a reduced penalty as allowable by law.This can keep you out of jail, lessen your driver’s license suspension, and even remove the DUI 8
Pennsylvania DUI Handbook charge from your criminal record through assistance with an application for ARD and expungement.A criminal conviction for DUI can severely hurt your future. A DUI conviction on your criminal recordcan bar you from employment opportunities, colleges and universities, graduate schools, financialaid opportunities, internships, and it can even impact child custody determinations.There are a few important issues to consider when selecting a Pennsylvania DUI lawyer to representyou. A good DUI attorney is experienced and resourceful. An experienced DUI attorney has manyadvantages: Familiarity with applicable case lawAble to recognize any defects in the prosecution’s case against youBrings extensive trial experience to your side of the caseProvides vital advice about your rights, options, and defenses as you move through theprocessA good PA DUI attorney should advise you of the possible penalties and other consequences thatyou will face if convicted and should help you to realistically understand your chances of success attrial. A quality DUI lawyer will also present you with practical solutions tailored to your particularsituation.DUI Defense at The Martin Law FirmAt The Martin Law Firm, our experienced and knowledgeable DUI attorneys offer a free initial caseevaluation for your pending DUI matter. The DUI lawyer assigned to your case will take the time toget to know you, learning the specific circumstances of your case. Your attorney will present youwith options to proceed based on the particular circumstances of your case, and we will help you toweigh those options based on the specifics of your situation. Our DUI lawyers will not take yourcase unless we sincerely believe that we can improve your position. Your attorney will be availableto you throughout the progression of your case for advice and guidance, and we will do everythingwe can to minimize the negative impact of this unfortunate situation on your life.The Martin Law Firm provides comprehensive and skilled legal representation for those chargedwith DUI in Southeastern Pennsylvania, including Montgomery County, Bucks County, ChesterCounty, Delaware County, and Philadelphia. Our attorneys are trained and experienced in allaspects of Pennsylvania DUI law, and we regularly defend clients for drunk driving, drugged driving,and other DUI-related matters in the Pennsylvania courts. Contact an experienced DUI attorney atThe Martin Law Firm at 215-646-3980 today to learn how we can help you. 9
Pennsylvania DUI Handbook The Martin Law Firm, P.C. 725 Skippack Pike, Suite 337 Blue Bell, PA 19422 215.646.3980 www.jbmartinlaw.com Published by: The Martin Law Firm, P.C. Although DUI - drunk driving or drugged driving - is a serious criminal offense under Pennsylvania law, individuals who have . Alcohol Highway Safety School
