Driving Under the Influence

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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 complex 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 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. ARD conditions ordinarily include the completion of probation, highway safety school classes, community service, a brief driver’s license suspension period and the payment of court costs. 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 determines who is approved for ARD, it is important that you hire an attorney who is familiar with the ARD program and the criteria the District Attorney’s Office uses to determine eligibility and approval.

Obtaining approval for the ARD program may result in avoiding a period of incarceration, a lengthy driver’s license suspension and a permanent record. Hiring an experienced criminal defense attorney will ensure that you are treated fairly.

Consequences of a DUI Conviction

In Pennsylvania, the consequences of a DUI conviction are determined by your Blood Alcohol Content and whether you have prior convictions for DUI. The consequences of a DUI conviction are listed below. You are welcome to contact Clemons Richter & Reiss for a free consultation if you would like to discuss your individual case and your options for minimizing or possibly eliminating these consequences.

	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	– 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 a period of incarceration imposed by the court in their own home, while also providing the opportunity for the individual 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 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.

The opportunity to serve a term of incarceration on house arrest is a significant advantage to traditional incarceration. Not only do you have the freedom to serve the sentence in your own home, but you also may be able to maintain your employment. Failing to hire an attorney who is familiar with house arrest and the eligibility criteria is a mistake that you cannot afford to make. Take the time to contact us, so that we can assist you with applying for house arrest.

THE CLEMONS RICHTER & REISS, PC DIFFERENCE

Hal Barrow

Hal Barrow, known to some as the Pacondolawyer, has represented 100’s of community associations since 1985, and has seen just about every issue in association life.

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Criminal Law