DRIVING UNDER THE INFLUENCE OF ALCOHOL AND CONTROLLED SUBSTANCE (DUI)By: Steven F. Fairlie, Esquire Pennsylvania's laws pertaining to Driving Under the Influence changed drastically just before the publication deadline for this manual. Part of the law (including the .08 standard) went into effect on October 7, 2003 and the balance goes into effect in February 2004. It is now illegal to operate or be in physical control of a vehicle while any of the following apply:
There are numerous exceptions and unique circumstances excepted and/or covered by the new 86-page law, so someone looking for guidance regarding what conduct is legal should consult an attorney and/or review the legislation personally in case any of the exceptions or unique details apply to his or her personal situation. PENALTIESThe penalties for the DUI offenses described above range from 6 months probation for a first offense with a BAC between .08% and .10% to a mandatory minimum of one year in jail for multiple offenders with higher BAC's. The maximum jail sentence for a first offense DUI under the new law is six months, while multiple offenders will face maximum sentences as high as five years of prison. In addition to these penalties, fines, court costs and costs of administering the court's rehabilitative programs are normally imposed. These costs generally include the cost of attending an alcohol highway safety school, the cost of preparing a rehabilitative report by the court reporting network, and various other court costs. Defendants also must pay fines which can range from a mandatory minimum $300 fine to a fine of between $1,000 and $5,000. Additionally, the court may sentence you with additional requirements based on the your treatment needs. This includes restoration of the victim to pre-offense status or protection of the public ACCELERATED DISPOSITION REHABILITATION (ARD)You may be eligible for the ARD program if, 1) this is your first conviction; or 2) your first and only offense was for a DUI where you were charged with driving with a BAC between .08% and .10%. Your eligibility for the ARD Program is solely at the discretion of the District Attorney for the County in which your offense occurred. There are numerous circumstances for which a District Attorney may not grant admission to the ARD Program, such as the occurrence of an accident occurred or the presence of young passengers. Conditions for participating in the ARD program include successfully completing an alcohol highway safety school, being evaluated by the court reporting network to determine your involvement with drugs and alcohol, completion of a licensed alcohol and drug treatment program if ordered by the court, successful completion of a probationary period, restitution to any party injured as a result of the DUI, and the payment of court and administrative costs associated with your participation in the ARD program. Failure to complete the requirements of the ARD program, including attending the alcohol highway safety school, payment of fines and costs and restitution will allow the District Attorney to revoke your participation in the ARD program and prosecute the case to the fullest extent of the penalties that can be imposed. SUSPENSION OF DRIVING PRIVELEGESUnder the new law the length of suspension of your driving privileges will, in many cases, change from current practice. It will be possible in certain cases for a person to suffer no suspension, while in other cases suspensions for as long as 18 months may be imposed (depending on prior offenses, BAC, and whether the person receives ARD for the offense). A person's driving privileges may also be suspended for failure to submit to a BAC test upon request of a law enforcement officer, and there is no right to consult with an attorney before making this decision. EXPUNGEMENTImmediately upon successful completion of the ARD program and the completion of the probationary period, you can motion the court to have your criminal record expunged (cleared). Penn DOT will maintain a record of your ARD participation for a period of ten years. Immediately following the period of the ten year period Penn DOT shall expunge the record of your acceptance into the ARD program. However, there are exceptions in which Penn DOT will not expunge your ARD record. These include cases where the driver has had his driving privileges revoked at any time within the 10 year period, or where, at the time of the DUI arrest, you were a commercial driver. RESTRICTED LICENSES AND IGNITION INTERLOCK DEVICEIf you are seeking a restoration of driving privileges suspended because of a conviction for a DUI and it was your second offense or if you failed to take a chemical test at the time of your arrest or youve been convicted of illegally operating a vehicle not equipped with an ignition interlock device, restoration of your driving privileges starts with an application for an ignition interlock restricted license. Penn DOT will require, as a condition for restoring your driving privileges, that each motor vehicle you own be equipped with an ignition interlock system. This interlock system must remain for the duration of the restricted license period. If you do not own a motor vehicle or have a motor vehicle registered in your name you must certify to Penn DOT that you own no motor vehicles. Such certification will satisfy the requirement that all motor vehicles be equipped with an ignition interlock system. One year after the date of issuance of the ignition interlock restricted license, you may be issued an unrestricted replacement license, which no longer requires the ignition interlock device. Exemptions to these requirements can be applied by Penn DOT in the case of economic hardship and employment necessity. |
