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DRIVING
UNDER THE INFLUENCE (DUI) Pennsylvania law provides the following consequences if and individual is convicted of driving under the influence of alcohol or a controlled substance to the degree that causes an impairment as set forth in specific standards under the law. FIRST OFFENSEFirst offense carries a mandatory incarceration from a minimum of forty-eight (48) hours to a maximum of two (2) years. The offender will also lose his/her driver’s license for one year in addition to a $300 fine plus court costs. SECOND OFFENSE A person convicted of a second DUI offense will be incarcerated (mandatory) for a minimum of thirty (30) days to a maximum of two years plus loss of driving privileges for one year and a $300 fine plus court costs. THIRD OFFENSEAn individual convicted of a third DUI offense will be incarcerated (mandatory) for a minimum of ninety (90) days to a maximum of two (2) years plus loss of driving privileges for one year, a $300 fine plus court costs. FOURTH OFFENSE An individual convicted of a fourth DUI offense will be incarceration (mandatory) from a minimum of one year to a maximum two years, loss of driving privileges for one year and a $300 fine plus courts costs. ACCELERATED
REHABILIATIVE DISPOSITION (ARD) PROGRAM A first offender may be eligible for the ARD program. If there is no damage to person or property, the District Attorney will usually not oppose the petition for ARD. There is no court hearing and therefore no conviction. There is, however, the loss of a driving privileges from one to three months. There may also be mandatory scheduled safe driving classes which the first time offender must attend. If
a person is successful in completing the ARD Program without another offense,
and after a period of time, usually 6 months, the first time offenders may file
a petition for expungement. Expungement
requires that all records of the DUI arrest be destroyed, local, state police
and FBI. A lawyer will be necessary
to have an expungement petition prepared and filed and presented to the court. It
is a separate offense to refuse a breathalizer if stopped by police and they
suspect that an individual has been driving under the influence. WARNING: Any person who has had their license suspended due to a DUI related
offense, either ARD program or conviction, will be subjected to a mandatory 90
day incarceration period as well as a $1,000.00 fine if caught driving during
the license suspension period. DEFENSE: Every person charged with an offense is entitled to defend against the charges. There have been times when the testing procedures employed by police are defective. An experienced attorney will be able to investigate and determine whether all tests were properly conducted, that all equipment worked properly, tests were accurately administered and analyzed. The national awareness of the seriousness of drunk driving has increased and has resulted in the formation of various organizations, perhaps best known is Mothers Against Drunk Drivers (MADD). These organization have been successful in having the various legislatures impose harsh punishment for those convicted of drunk driving. The
designated driver is a person who does not drink alcohol or use other substances
that impair judgment and who does the driving for his/her companions to and from
social gatherings or affairs that involve alcohol. NOTE: First time offenders may be eligible for ARD program but it is not required to do so. If there is a good defense to the charges, the individual may elect to defend against the charges in court which might lead to an acquittal or a conviction which may be appealed if found guilty. The decision to defend a "FIRST TIME - ARD eligible" charge should not be made until the individual accused of DUI has thoroughly discussed all aspects of the case with his or her attorney. Ó
2003 James W. Pearson, Jr., All Rights Reserved FOR
ADDITIONAL INFORMATION CALL THE TOLL FREE HELP LINE 1-800-232-1477 E-mail: lawyer@lawwalk.com JAMES
W. PEARSON, JR. Chair of the Federal & State Credit Union Department & Coordinator of legal consultations under the Family Legal Care Plans offered to credit union members. |
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