Driving Under the Influence, Driving After Imbibing or DUI as it is more commonly known is a criminal offense or charge that does not discriminate. In Pennsylvania, DUI charges are becoming more difficult to defend. Driving under the influence cases are becoming more difficult to defend because DUI is politically sensitive. Many organizations spend large amounts of money to back the politicians that are going to be "tough" on drunk drivers. The result is the reduction of defenses available to the accused. For most DUI offenders, i.e., first time offenders, a pretrial diversionary program known as ARD or Accelerated Rehabilitative Disposition is available. For more information, please visit the ARD subsection to the left. For others, i.e., second or subsequent offenders, unless you are acquitted, you can expect a term of imprisonment, probation, loss of license, and safe driving classes coupled with a drug & alcohol evaluation and treatment, if necessary. Imprisonment can include actual incarceration, a half-way house or alternative housing and/or electronic monitoring or house arrest. As always, Attorneys James A. Crosby and Douglas Sughrue believe that the first step after any DUI arrest is to educate our client about the particularities of being charged with DUI. The next step is to have a thorough preliminary hearing—making the officer testify as to why he/she pulled a client over. We create a record to preserve your rights. Then, we discuss our client's options and goals while assessing the chances of the most likely outcomes. If a client decides to challenge the DUI charge, we will work hard to achieve the results wanted by our client. If negotiating a plea agreement or admittance into ARD is the client's goal, we will work just as hard to achieve that goal. By having a criminal defense practice dedicated to defending people charged with DUI, we serve Allegheny, Westmoreland and Butler Counties weekly. We also serve all of western Pennsylvania when a client calls. Please refer to "The Criminal Process" page for information on your rights and the criminal process.
 Pennsylvania DUI Laws
Multiple Offender
DUI Refusal
DUI Sentences
Accelerated Rehabilitative Disposition ( ARD )
Ignition Interlock
Sample Case: Female Client Charged with DUI
Sample Case: Male Client Charged with DUI
Pennsylvania Driver's License Point System
DUI Suspensions
§ 3802 Pennsylvania has just enacted § 3802 regarding the new DUI laws. The penalties under the new statute have become more severe. The BAC has been lowered from .10% to .08. The sentencing phase of §3802 just took effect on February 1, 2004. The current law breaks down DUI into 3 major categories: Driving under influence of alcohol or controlled substance. a) General impairment – 1) An individual may not drive, operate or be in actual physical control of the movement 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. 2) An individual may not 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 .08% but less than .10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle. b) High rate of alcohol – An individual may not 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 .10% but less than .16% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle. c) Highest rate of alcohol – An individual may not 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 .16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle. d) Controlled substances – An individual may not 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 Act;
or (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). e) Minors – A minor may not 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 .02% or higher within two hours after the minor has driven, operated or been in actual physical control of the movement of the vehicle. f) Commercial or school vehicles An individual may not drive, operate or be in actual physical control of the movement of a commercial vehicle, school bus or school vehicle in any of the following circumstances: 1) After the individual has imbibed a sufficient amount of alcohol such that the individual’s blood or breath is: (i) .04% or greater within two hours after the individual has driven,
operated or been in actual physical control of the movement of a
commercial vehicle other than a school bus or a school vehicle. (ii) .02% or greater within two hours after the individual has driven,
operated or been in actual physical control of the movement of a
school bus or a school vehicle. 2) After the individual has imbibed 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. 3) While the individual is under the influence of a controlled substance or combination of controlled substances, as defined in section 1603 (relating to definitions). 4) While the individual is under the combined influence of alcohol and a controlled substances, as defined in section 1609. g) Exception to two-hour rule. Notwithstanding the provisions of subsection (a), (b), (c), (e) or (f), where alcohol or controlled substance concentration in an individual’s blood or breath is an element of the offense, evidence of such alcohol or controlled substance concentration more than two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle is sufficient to establish that element of the offense under the following circumstances: 1) Where the Commonwealth shows good cause explaining why the chemical test could not be performed within two hours; and 2) Where the Commonwealth establishes that the individual did not imbibe any alcohol or utilize a controlled substance between the time the individual was arrested and the time the sample was obtained. TOP OF PAGE
DUI is a serious offense for which a multiple offender is punished more severely than a first time offender. Basically, politicians get elected by being tough on crime and tough on DUI offenders. DUI and related Driving while Suspended for a DUI are prosecuted zealously by the Commonwealth of Pennsylvania. Often a person charged with DUI may only want to serve the mandatory minimum 5 days, 30 days or 90 days in a half-way house or on house arrest (electronic monitoring—home detention). We can accomplish that the majority of the time, but the end result depends on the individual charged, which number DUI is the instant charge, the period of time over which the DUIs have occurred. However, prior to deciding whether to take a deal or not, we meet to evaluate the case, speak to the police officer and Assistant District Attorney and fully discuss your options and risks. We strive to fully advise you of the effects of your decision concerning a certain matter. We always recommend retaining a lawyer from the beginning because the preliminary hearing is so important. The preliminary hearing for a DUI is your one opportunity to test the case against you—to get the police officers testimony recorded, under oath so he/she cannot change it at a later time. Having the preliminary hearing transcript is vital to filing pretrial motions that may result in the dismissal of the charges. We have had great success in many counties filing pretrial motions to dismiss DUI charges because the police officer violated a person's rights in pulling them over. Contact us right away for an evaluation of your case. TOP OF PAGE
Under current Pennsylvania law, anyone driving a motor vehicle on a roadway may be requested to submit to a field sobriety test, breathalyzer and/or blood test. Failure to comply will result in a mandatory 1 year license suspension, whether or not you are charged or convicted of DUI. If you have been arrested and/or accused of refusing any of the above, contact this office immediately. In many cases, we can assist you in avoiding certain suspensions. TOP OF PAGE
A) General Impairment – BAC .08% – .099% Incapable of safe driving. 1st Offense: 1) Ungraded misdemeanor
2) 6 months probation
3) $300 fine plus court costs 2nd Offense: 1) Ungraded misdemeanor
2) Mandatory minimum – 5 day imprisonment followed by probation
3) $300-$2,500 fine plus court costs
4) Twelve (12) month license suspension
5) One (1) year interlock 3rd and subsequent Offense(s): 1) Second (2nd) degree misdemeanor
2) Mandatory minimum – 10 days imprisonment followed by probation
3) $500-$5,000 fine
4) Up to two (2) full years in state prison B) High Rate of Alcohol – BAC-.10% – .159% Incapable of safe driving. 1st Offense: 1) Ungraded misdemeanor
2) Mandatory minimum –48 hours consecutive hours imprisonment
3) 12 month license suspension
4) $500-$5,000 fine plus court costs
5) Possible Occupational Limit License after imprisonment 2nd Offense: 1) Ungraded misdemeanor
2) Mandatory minimum – 30 days imprisonment
3) $750-$5,000 fine plus court costs
4) 1 year driver’s license suspension followed by 1 year ignition interlock 3rd Offense: 1) 1st degree misdemeanor
2) Mandatory minimum – 90 days imprisonment
3) Up to 5 years state imprisonment
4) $1,500 - $10,000 fine plus court costs
5) 18 month driver’s license suspension
6) Mandatory 1 year ignition interlock 4th and subsequent offense(s): 1) 1st degree misdemeanor
2) Mandatory minimum – 1-2 year(s) state imprisonment
3) $1,500 - $10,000 fine plus court costs
4) 18 month driver’s license suspension
5) Mandatory 1 year ignition interlock C) Highest Rate of Alcohol – BAC – .16% and higher Incapable of safe driving 1st Offense: 1) Ungraded misdemeanor
2) Mandatory minimum – 72 hours state imprisonment
3) $1,000-$5,000 fine plus court costs
4) 12 month driver’s license suspension
5) Possible OLL after 60 days 2nd Offense: 1) 1st degree misdemeanor
2) Mandatory minimum – 90 days state imprisonment
3) Up to 5 years in state prison
4) $1,500 minimum fine plus court costs
5) 18 month driver’s license suspension followed by 1 year ignition
interlock
6) Possible OLL after 12 month suspension 3rd and subsequent Offense(s): 1) 1st degree misdemeanor
2) Mandatory minimum – 1-2 year state imprisonment
3) $2,500 minimum fine
4) Up to 5 years in state prison
5) 18 month license suspension followed by 1 year ignition interlock. TOP OF PAGE
| Accelerated Rehabilitative Disposition ( ARD ) | |
Accelerated Rehabilitative Disposition or ARD as it is known is a pretrial diversionary program offered in Pennsylvania by each County's District Attorney's office. The main thrust of ARD is to permit a Defendant to accept responsibility for his or her actions while keeping his/her criminal record clean for employment purposes. ARD is a "free bite at the apple." ARD allows a person to make a mistake and not pay for it the rest of their life. A Defendant can receive ARD twice in a lifetime, but the prior ARD must be greater than ten (10) years before the most recent offense. Also, the prior ARD must have been successfully completed. ARD is only offered to first time offenders accused of committing non-violent, non drug related crimes. Each District Attorney in Pennsylvania will have their own policies as to who is eligible for ARD, what the requirements are to successfully complete ARD and how ARD is implemented. The Government will always keep track of people who have entered ARD so they are not offered ARD to people who are not eligible. Out of state convictions are considered and may disqualify a Defendant from entering the ARD program. ARD is probably most used by people charged with DUI. Entering into the ARD program excuses the Defendant charged with DUI from serving the mandatory minimum sentence in jail. ARD also excuses the Defendant from losing their license for one year. ARD requires the DUI Defendant to serve a period of probation, undergo a drug and alcohol evaluation, participate in safe driving classes and pay fines and court costs. As mentioned above, ARD, regardless of the offense with which a person is charged, when successfully completed means that the arrest is or can be expunged from the person's record. Meaning, a person who enters ARD can legally claim to never have been arrested or convicted of any crime. Note, however, if an employment application asks for arrests/convictions including those resolved by entering a pretrial diversionary program must be answered differently. Lastly, since a person's driver's license is suspended for DUI in ARD for a period of time (30-60 days dependent on the blood alcohol concentration or 90-180 days for underage offenders), the person's driving record will reflect a DUI-ARD disposition and license suspension. If you have more questions, please call us right away so that your rights can be protected and we can more fully answer your questions and concerns. TOP OF PAGE | Female Client Charged with DUI | |
Client charged with DUI
Defendant was pulled over because she was allegedly swerving about her lane of travel. Not eligible for predisposition program. Upon Motion to Suppress evidence of DUI and after a hearing, Judge suppressed all evidence of DUI because the police officer violated Defendant’s rights by pulling her over without probable cause. State withdrew the charges. Defendant faced incarceration and loss of driver’s license for at least one year.
Key Factor in victory -- A thorough preliminary hearing at the District Justice level. Most attorneys would have waived the hearing thinking that no useable evidence could be obtained. Attorney Sughrue used the preliminary transcript to support his motion to suppress and the Brief in Support of the Motion. The preliminary transcript was also used to ensure that the officer’s memory didn’t “change” between preliminary hearing and trial after reading the motion to suppress. TOP OF PAGE
| Male Client Charged with DUI | |
Client charged with DUI
Defendant pulled over for speed to fast for conditions and for careless driving (spinning wheels when light turned green in the winter on slushy roads). Not eligible for predisposition program. Officer traveled in an alley parallel to defendant as Defendant traveled on main road. Officer while going 15-20 mph beat Defendant to an intersection and saw Defendant “speed” by. Upon motion and brief in support, Judge suppressed all evidence of dui resulting from the stop because the Officer violated Defendant’s constitutional rights in pulling him over. Defendant faced incarceration and loss of driver’s license for at least one year. Key to victory -- A thorough preliminary hearing memorializing the officer’s statements under oath and using them against him in a motion to Suppress. Charges dismissed without a hearing. Judge used Attorney Sughrue’s Motion & Brief in Support of Motion as well as the preliminary transcript to decide the issues of law. TOP OF PAGE
Title 75 Pa.C.S.A Section 3802 sets the following penalties for DUI Convictions. Even though most people believe we have a DUI Statute, we actually have a DAI Statute. Driving after imbibing is the proper term for Pennsylvania's prohibition against drinking and driving. One should also take notice that Pennsylvania has a three tier system to Section 3802 of the vehicle code. The higher the BAC, the higher the penalties. For instance: Level of impairment | 1st offense | 2nd offense | 3rd and Sub. offense | 4th and Sub. offense | .08-.099 BAC | 6 month maximum sentence. (most likely probation). No mandatory Jail time. No license suspension. | Mand 5 days minimum imprisonment. 12 month loss of license. Interlock. | 10 days imprisonment. 12 month loss of license. Interlock. | | .10-.159 BAC | 2 days mandatory Imprisonment. 12 month loss of license. | 30 days mandatory min. imprisonment. 12 month loss of license. Interlock. | 90 days min. imprisonment. 18 month loss of license. Interlock. | 1 year min. imprisonment. 18 month loss of license. Interlock. | .16 and higher BAC | 3 day mandatory min imprisonment. 12 month loss of license. | 90 days min imprisonment. 18 month loss of license. Interlock. | 1 year min. imprisonment 18 month loss of license. Interlock. | |
Significant fines and costs are associated with all of the above charges. Some individuals can qualify for limited licenses as well as the ARD Program to mitigate the above stated penalties. Call our offices to speak to an attorney about you specific situation. Call us at once if you have refused a blood or breath test. TOP OF PAGE | 
