Q: What is DUI?

DUI is an acronym used to describe the crime of Driving Under the Influence. The Pennsylvania Legislature enacted Pennsylvania's DUI laws in 75 Pa.C.S. 8302. In Pennsylvania, one may be convicted of DUI if they are in actual physical control of a vehicle while under the influence of drugs and/or alcohol.

Q: What are the penalties for DUI?

Pennsylvania has stratified the DUI laws to increase the punishment for repeat offenders and/or persons with high blood alcohol concentrations. The graph below shows the restrictive punishments and fines for DUI.

	First Offense Restrictive Punishment and Fines (Note: other Penalties and license suspensions may apply)	Second Offense Restrictive Punishment and Fines (Note: other Penalties and license suspensions may apply)	Third Offense Restrictive Punishment and Fines (Note: other Penalties and license suspensions may apply)
BAC .08 to .999	-Undergo a mandatory minimum term of six months probation; and -Pay a fine of $300	-Undergo imprisonment for not less than five days; and -Pay a fine of not less than $300 nor more than $2,500	-Undergo imprisonment of not less than ten days; and -Pay a fine of not less than $500 nor more than $5,000
BAC .10 to .159	-Undergo imprisonment of not less than 48 consecutive hours; and -Pay a fine of not less than $500 nor more than $5,000	-Undergo imprisonment of not less than 30 days;and -Pay a fine of not less than $750 nor more than $5,000	-Undergo imprisonment of not less than 90 days; and -Pay a fine of not less than $1,500 nor more than $10,000
BAC .16 and Higher/Drugs	-Undergo imprisonment of not less than 72 consecutive hours; and -Pay a fine of not less than $1,000 nor more than $5,000	-Undergo imprisonment of not less than 90 days; and -Pay a fine of not less than $1,500	-Undergo imprisonment of not less than one year; and -Pay a fine of not less than $2,500

Q: What is ARD

ARD is an acronym to describe Accelerated Rehabilitative Disposition, a diversionary program designed to allow first offenders (who fall within certain criteria) to earn a dismissal of the charges without a conviction.

Q: What happens if I refuse DUI chemical testing?

If a Pennsylvania vehicle operator is stopped for suspicion of DUI and refuses a chemical test, the operator may be surprised to hear that the Commonwealth can still charge them for DUI, will suspend their operator privileges and offer the refusal into evidence at the DUI trial. Additionally, if convicted of the underlying DUI, the license suspension will run consecutive to the DUI license suspension.

Q: Why should I talk with an attorney after I am charged with DUI?

It is possible that the police may have violated your rights or committed some error that could result in the charges against you being reduced or even dismissed. Therefore, it is very important that you speak with a quality attorney as soon as possible after your arrest.

Q: Can I be convicted of DUI if I am not driving the vehicle?

It is not necessary to be driving a vehicle to be considered "in actual physical control" for purposes of Pennsylvania's DUI Statute. Oftentimes intoxicated persons believe that it is legal and responsible to sleep-off an intoxication while inside a vehicle. Unfortunately, the same persons find themselves arrested for DUI because they were considered "in actual physical control" of the vehicle. These very same persons often are charged with DUI because they are proven to be in actual physical control of the vehicle while intoxicated.

Q: Can I be DUI even though I did not feel intoxicated when arrested?

It is not necessary that the accused actually be intoxicated to be convicted of DUI. To the contrary, a person can be convicted DUI if his/her blood alcohol concentration exceeds .08% or if the police officer believes, in his/her opinion that the accused was not capable of safely operating the motor vehicle.

Q: Is it possible that a Breath Test may not have been conducted Properly?

Yes. 67 Pa. Code § 77.24 sets forth certain testing procedures which must be followed under Pennsylvania Law:

(a) Observation. The person to be tested with breath test equipment shall be kept under observation by a police officer or certified breath test operator for at least 20 consecutive minutes immediately prior to administration of the first alcohol breath test given to the person, during which time the person may not have ingested alcoholic beverages or other fluids, regurgitated, vomited, eaten or smoked. Custody of the person may be transferred to another officer or certified breath test operator during the 20 consecutive minutes or longer period as long as the person to be tested is under observation for at least 20 consecutive minutes prior to initial administration of the alcohol breath test.

b) Procedures. Alcohol breath tests shall be conducted by a certified breath test operator. Accuracy inspection tests and calibrations conducted using breath test equipment shall be performed by a certified breath test operator, the manufacturer or its authorized representative or a person who has received comparable training or instruction. Alcohol breath tests, accuracy inspection tests and calibrations conducted using breath test equipment shall be performed in accordance with accepted standard procedures for operation specified by the manufacturer of the equipment or comparable procedures. The procedures for alcohol breath testing shall include, at a minimum:

(1) Two consecutive actual breath tests, without a required waiting period between the two tests.

(2) One simulator test using a simulator solution designed to give a reading of .10%, to be conducted immediately after the second actual alcohol breath test has been completed. The lower of the two actual breath test results will be the result used for prosecution. The test results will be disregarded, and the breath test device will be removed from service under § 77.25(b)(4) (relating to accuracy inspection tests for Type A equipment) if one of the following occurs:

(i) If the difference between the results of the two actual alcohol breath tests is .02 or more, for machines read to the second decimal place, or .020 or more for machines read to the third decimal place.

(ii) If the simulator test yields a result less than .09% or greater than .10% when the breath test device is read to the second decimal place, or if the simulator test yields a result less than .090% or greater than .109% when the breath test device can be read to the third decimal place.

(c) Procedures for adjustment. Breath test equipment which fails the testing under § 77.25(b) or subsection (b) shall be placed out of service and shall be serviced, repaired and adjusted, as necessary, by the manufacturer or its authorized representative or a person who has received comparable training or instruction prior to being placed back into service. In addition, the breath test device shall be tested under subsection (b) prior to being placed back into service.

(d) Simulator solution certification. The manufacturer of simulator solution shall certify to the test user that its simulator solution is of the proper concentration to produce the intended results when used for accuracy inspection tests or for calibrating breath test devices. This certification shall be based on gas chromatographic analysis by a laboratory independent of the manufacturer.

(e) Ampoule certification. The manufacturer of ampoules utilized in Type A breath testing devices shall certify to the user that its ampoules will produce the intended results when used for actual breath tests, accuracy inspection tests or for calibrating breath test devices. The certification shall be based on laboratory testing conducted by a laboratory independent of the manufacturer. The laboratory testing shall employ generally accepted scientific methods sufficient to insure that the ampoules conform to manufacturer specification.

Disclaimer:

The information presented on this page is not legal advice and is not intended to be receive and/or directed to persons outside the Commonwealth of Pennsylvania. Neither transmission nor receipt of the information on this site will create an attorney-client relationship between the transmitter and receiver, nor will it constitute legal advice. The material in this site may be considered advertising for persons inside the Commonwealth of Pennsylvania only. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. All information contained in this website pertains to the Commonwealth of Pennsylvania. The laws of other states and nations may be entirely different from what is described here. Communications through the internet are not secure and may be intercepted by persons other than the transmitter and the intended recipient. Do not e-mail any confidential information to Ferrara Law Offices.