Accelerated Rehabilitative Dispossession ( ARD)
In Pennsylvania, A driver who is a first time DUI offender or who has not had a previous DUI conviction with in the previous 10 years and who has not been involved in an accident that resulted in serious injury and so long as no individual 14 years old or younger was in the vehicle at the time of the DUI will normally be eligible for Accelerated
Rehabilitative Dispossession ( ARD). ARD is a pretrial program that if completed successfully results in the case being dismissed and the Offender's record being sealed. However, if an individual s convicted of or pleads guilty to a future DUI after the ARD disposition, the new DUI will be considered a second conviction if it occured within ten years of the ARD disposition. This will result in harsher penalties on the new DUI.
The 10 year time period is calculated begining from the date of the last conviction for DUI or the date the last DUI was disposed of through any ARD program to the date of the arrest in the current DUI case.
When a DUI is disposed of through any ARD program usually any mandatory jail time is not imposed and the license suspension period is shorter. License suspenion is determined by the BAC level and is normally shorter than it would be for a conviction for DUI.. For example: if a driver's BAC is .08 to .10 there is no license suspension imposed.
The District Attorney has full discretion deciding who will be accepted in to any ARD program. Further, in most counties ARD must be applied for and most District Attorney's require the driver waive any preliminary hearing in order to be considered for any ARD program.
Three Levels of DUI Penalties
In Pennsylvania, DUI penalties are divided into 3 main categories that are based on your recordedblood alcohol concentration (BAC) at the time of arrest.
The 3 levels of BAC are:
- .08-.099 (Lowest Penalty)
- .10-.159 (Higher Penalty)
- .16 And Above (Highest Penalty)
First Pennsylvania DUI Offense
Blood Alcohol Concentration .08-.099
- Jail – 6 Months Probation
- Fine - $300
- License Suspension – None
Blood Alcohol Concentration .10-.159
- Jail – 2 Days up to 6 Months
- Fine - $500-$5000
- License Suspension – 12 Months*
Blood Alcohol Concentration .16
- Jail – 3 Days up to 6 Months
- Fine - $1,000-$5,000
- License Suspension – 12 Months*
- Limited Occupational License Possible After 60 Days
- Ignition Interlock May be Required
- Alcohol Highway Safety School Required
Second Pennsylvania DUI Offense
Blood Alcohol Concentration (BAC) .08-.099
- Jail – 5 Days up to 6 Months
- Fine - $300-$2,500
- License Suspension – 12 Months
BAC - .10 - .159
- Jail – 30 Days up to 6 Months
- Fine - $750-$5000
- License Suspension – 12 Months
Blood Alcohol Concentration .16
- Jail – 90 Days up to 5 Years
- Fine - $1,500
- License Suspension – 18 Months
- Alcohol Highway Safety School Required
- Ignition Interlock Required Prior to License Reinstatement
Third Pennsylvania DUI Offense
Blood Alcohol Concentration .08-.099
- Jail – 10 Days up to 2 Years
- Fine - $500-5,000
- License Suspension – 12 Months
Blood Alcohol Concentration .10-.159
- Jail – 90 Days up to 5 Years
- Fine - $1,500-$10,000
- License Suspension – 18 Months
Blood Alcohol Concentration .16
- Jail – 1 Year up to 5 Years
- Fine - $2,500 Minimum
- License Suspension – 18 Months
- Ignition Interlock Required Prior to License Reinstatement
Failure to take the breath or blood test
Failure to take a requested breath or blood test, when properly advised by the officer, will result in a 12 month license suspension of your driver's license which is in addition to any other license suspension that is already in place or maybe imposed.
Further, failure to take the requested breath or blood test will result in you being considered to have been driving under the influence at the highest Blood Alcohol Concentration meaning you will suffer the harsher penalties.
Be aware a driver does not have a constitutional right to speak with a lawyer to help determine whether the test should be taken. By accepting the privilege of driving in this Commonwealth you have impliedly agreed to take the breath or blood test if requested.
DUI Drugs
A person who is convicted of DUI drugs is assessed penalties at the highest BAC level.
DUI and Serious Bodily Injury
In Pennsylvania, a driver of a motor vehicle who is involved in an accident while DUI which results in serious bodily injury will not only face DUI charges but felony Aggravated Assault charges.