First-time DUI offenders in Pennsylvania can face fines, jail time, license suspension, safety school requirements, and other penalties.
The legal penalties for a DUI vary according to your blood alcohol content (BAC) at the time of the incident. There are three levels of impairment, and the higher the level of impairment, the tougher the consequences. Per the Pennsylvania Department of Transportation (PennDOT), the penalties are:
General Impairment (undetermined BAC, or 0.08—0.099% BAC)
- Ungraded misdemeanor
- Up to six months’ probation
- A $300 fine
- Alcohol highway safety school
- Treatment, if ordered
High BAC (0.10—0.159% BAC)
- Ungraded misdemeanor
- 12-month license suspension
- 48 hours to six months in prison
- A $500—$5,000 fine
- Alcohol highway safety school
- Treatment when ordered
Highest BAC Penalties (0.16% BAC and higher)
- Ungraded misdemeanor
- 12-month license suspension
- 72 hours to six months in prison
- A $1,000—$5,000 fine
- Alcohol highway safety school
- Treatment when ordered
Keep in mind that the highest BAC penalty level may also apply to offenders who refuse to submit to a breath or chemical testing of their BAC.
Ignition Interlock Device
First-time Pennsylvania DUI offenders with a BAC of 0.10% or greater may receive a requirement to use an Ignition Interlock device as an alternative to having their driver’s license suspended for a year.
An Ignition Interlock Device is a form of in-car evidential breath alcohol measurement device (EBT) that requires the operator to submit an alcohol-free breath sample in order for their vehicle’s ignition to start. The device may also require the driver to provide a clean blow periodically when driving.
Ignition Interlock users are required to pay for the installation and leasing of the device from a licensed PennDOT vendor. The average cost of leasing an Ignition Interlock system runs about $900—$1,300 a year.
The Ignition Interlock device may apply in addition to any other fines and penalties resulting from the DUI conviction.
Accelerated Rehabilitative Disposition
As a first-time DUI offender, you may qualify for the Accelerated Rehabilitative Disposition (ARD) program. This pretrial program aims to act as a rehabilitative process and may help you avoid jail time.
An ARD program may contain:
- Six—12 months’ probation
- Community service
- Alcohol Highway Safety School
- Restitution
- Court and administrative costs
The Pennsylvania Liquor Control Board estimates the total cost of an ARD at $2,500. If you want to enroll in an ARD program, you need to write a written application to the District Attorney’s office within 30 days of a preliminary hearing. Acceptance into an ARD program may require the involvement of the other people connected with the case, such as the police and any victims.
If your application is successful, a Common Pleas judge will admit you into the program. When you have finished the program, a judge may expunge the conviction from your record upon petitioning the court.
The District Attorney considers all facts and circumstances of a DUI case when determining an offender’s eligibility for an ARD program. If you have questions about whether you are an ARD candidate for your first-time DUI, a DUI lawyer may be able to examine your case and help you decide your next steps.
A Plea Bargain May Occur
In some cases, a judge may settle first-time DUI charges under a plea bargain, where the plaintiff accepts a lesser charge in return for a more lenient penalty. This bargain can occur if the plaintiff has no criminal record or if their BAC came close to the permitted amount. A plea bargain can also occur if there are doubts about the evidence against the plaintiff.
Seek Legal Representation with McKenzie Law Firm, P.C.
The consequences of a DUI conviction can have serious effects on your life. Even a first-time offender faces significant fines, license suspension, jail time, and a charge would be on their criminal record.
It may be possible to challenge a drunk driving charge in court, reduce the penalties in a plea deal, or qualify for the restorative option of an ARD program.
A DUI lawyer can help you examine your case and interpret your options when you have been charged with a DUI. This is what we do at McKenzie Law Firm, P.C. Call our offices at (610) 680-7842 for a consultation.
If you decide to work with McKenzie Law Firm, P.C., we’ll handle the logistics of your case so you can move on with your life. Our office is accessible to clients via phone, text message, email, and social media throughout the entire process of your case once you become one of our clients.
