Driving Under the Influence of Alcohol or Drugs (DUI)
If you have been accused of Driving Under the Influence, you may be wondering what happens next. Pennsylvania’s DUI laws are complicated and constantly changing. Moreover, most DUI convictions involve mandatory incarceration. It is essential that you consult with an experienced attorney who can answer your important questions and guide you through the process to the best possible outcome.
Clemons Richter & Reiss has a team of attorneys who have experience in effectively handling a DUI charge. Scott MacNair, former Senior District Attorney, and Daniel Keane, former Chief Deputy District Attorney, have handled thousands of cases that involve DUI charges and the accident and traffic citations that often accompany DUI charges. As a courtesy to you, they have provided useful information below which may assist you in understanding the DUI law and potential consequences. Scott and Dan welcome the opportunity to use their collective experience to represent you.
Please contact our firm at 215-348-1776 to schedule a free consultation during which we will discuss your DUI case. We will take the time necessary to explain the law, the possible penalties and your options.
Accelerated Rehabilitative Disposition (ARD)
If you are facing a first offense DUI charge, you may be eligible for the ARD program. The ARD program is an opportunity generally available to first time offenders which provides for probation, classes, community service and the payment of court costs and fines. In most cases, the ARD program is a good alternative to proceeding to trial as it allows individuals to earn a dismissal of the DUI charge and a potential expungement of their case. Because the District Attorney’s Office makes the decision as to whether or not admit an individual’s DUI charge into the ARD program, it is important that you hire an attorney who is familiar with the ARD program and the criteria the DA’s Office will use in admitting cases.
Obtaining approval for the ARD program may result in avoiding a period of incarceration, a lengthy driver’s license suspension and a permanent record. Please make sure you entrust your representation with a firm who is experienced and knowledgeable in the ARD program, such as Clemons Richter & Reiss.
Consequences of a DUI Conviction
In Pennsylvania, the consequences of a DUI conviction are determined by your Blood Alcohol Content and number of offenses. Below you will find the consequences of entering a guilty plea or being found guilty of a DUI charge. You are welcome to contact Clemons Richter & Reiss for a free consultation if you would like to discuss your individual cases and your options for minimizing or possibly eliminating these consequences.
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1st Offense |
2nd Offense |
3rd Offense |
Blood Alcohol Content (BAC) between .08% and .099% |
- 6 months probation
- $300 fine
- Highway Safety School
- payment of court costs
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- Not less than 5 days of incarceration
- 1 year driver’s license suspension
- $300 to $2,500 fine
- Highway Safety School
- payment of court costs
- 1 year ignition interlock |
- Not less than 10 days of incarceration
- 1 year driver’s license suspension
- $500 to $5,000 fine
- Highway Safety School
- payment of court costs
- 1 year ignition interlock |
BAC between .10% and .159%
Minors (under 21) with .02% BAC or higher
CDL drivers with .04% or higher |
- Not less than 48 hours of incarceration
- 1 year driver’s license suspension
- $500 - $5,000 fine
- Highway Safety School
- payment of court costs |
- Not less than 30 days of incarceration
- 1 year driver’s license suspension
- $750 to $5,000 fine
- Highway Safety School
- payment of court costs
- 1 year ignition interlock |
- Not less than 90 days of incarceration
- 18 month driver’s license suspension
- $1,500 to $10,000 fine
- Highway Safety School
- payment of court costs
- 1 year ignition interlock |
BAC of .16% or higher
Controlled Substance DUI
Refusal to submit to blood or breath test |
- Not less than 72 hours of incarceration
- 1 year driver’s license suspension
- $1,000 - $5,000 fine
- Highway Safety School
- payment of court costs |
- Not less than 90 days of incarceration
- 18 month driver’s license suspension
- $1,500 minimum fine
- Highway Safety School
- payment of court costs
- 1 year ignition interlock |
- Not less than 1 year of incarceration
- 18 month driver’s license suspension
- $2,500 minimum fine
- Highway Safety School
- payment of court costs
- 1 year ignition interlock |
House Arrest
Some counties have a house arrest program available to individuals facing a second or subsequent DUI conviction. If approved, house arrest allows individuals to serve any term of incarceration imposed by the court in their own home, while also providing the opportunity for the individual to continue to go to work. Different methods are used to monitor the whereabouts of individuals who are serving a house arrest sentence, including electronic monitoring and voice recognition telephone systems. The house arrest program is often coordinated by the county correctional institution or the county adult probation and parole department, but eligibility for the program rests solely within the discretion of the judge.
Having the opportunity to serve a term of incarceration outside of the prison and in your own home should not be taken lightly. Being able to continue to go to work while you serve your sentence on house arrest is equally valuable. Please don’t make the mistake of taking these opportunities for granted as they are not granted in every case. Take the time to consult with a firm such as Clemons Richter & Reiss who can assist you with applying to be placed on the house arrest program.
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