 Driving Under the Influence of Alcohol or Controlled Substances
PA Title 75, Section 3731Classed as a Second Degree Misdemeanor with a maximum penalty of 2 years in jail and a $5,000 fine; any conviction for a third or subsequent offense in a seven year period is graded as a First Degree Misdemeanor with a maximum penalty of 5 years in prison and a $10,000 fine. Offenses which occur within a seven year period carry the following mandatory minimum penalties:
Pennsylvania Mandatory Minimum Sentencing | Offense Number | Minimum Jail Sentence | Sentence Conditions | | 1 | 48 consecutive hours | Minimum $300 fine, costs, restitution, DUI school, CRN evaluation, D&A counseling, 12 months license suspension, other administrative and State fees. | | 2 | 30 days | same as above, plus Act 122-1990 mandates completion of a licensed treatment program and payments of all costs prior to restoration of drivers license by PennDOT. | | 3* * Classed as a First Degree Misdemeanor | 90 days | same as above plus possible "Habitual Offender" license status by PennDOT (five year license revocation). | | 4* * Classed as a First Degree Misdemeanor | 12 months | same as above but time may be served in a State Correctional Institution rather than the County Jail. Parole authority rests with the PA Board of Probation & Parole. |
Main Site Areas
| PA - A.R.D.
There is an alternative for first offenders: Accelerated Rehabilitative Disposition
PA Rules of Criminal Procedure - Committee Introduction "The primary purpose of this program is the rehabilitation of the offender; secondarily, the purpose is the prompt disposition of the charges, eliminating the need for costly and time consuming trials or other court proceedings. These rules contemplate that ordinarily the defendants eligible for the ARD program are first offenders that lend themselves to treatment and rehabilitation rather than punishment and that the crime charged is relatively minor and does not involve a serious breach of the public trust. The program is intended to encourage offenders to make a fresh start after participation in a rehabilitative program and offers them the possibility of a clean record if they successfully complete the program. Because of the rehabilitative purpose of the program, and because the program permits prompt disposition of the charges, the descriptive title "accelerated rehabilitative disposition" was selected rather than such terms as "pre-indictment probation" or "deferred disposition". Accelerated Rehabilitative Disposition for:
Charges brought under PA Title 75, Section 3731 (Vehicle Code) Driving Under the Influence of Alcohol or Controlled Substances 3731(e)(6) Any person who accepts Accelerated Rehabilitative Disposition of any charge brought under this section shall accept as conditions the imposition of and the judge shall impose in addition to any other conditions all of the following: - A fee to cover the costs referred to in section 1548(e) (relating to costs).
- A mandatory suspension of operating privilege for a period of not less that one month but not more than 12 months.
- A condition that the defendant, as a condition to entering the program, make restitution to any person who incurred determinable financial loss as a result of the defendant's actions which resulted in a charge of violating this section.
- Court supervision for any defendant required to make restitution or submit to counseling or treatment.
- Court supervision for not less than six months when the Court Reporting Network indicates that counseling or treatment is not necessary and not less than 12 months when the Court Reporting Network indicates that counseling or treatment is in order.
- A fee to cover the reasonable costs, if any, of a municipal corporation in connection with a charge brought under this section which results in Accelerated Rehabilitative Disposition.
A typical ARD (first offense only) Court Order for DUI :12 Months probation; Pay a specified amount to the use of the County and a specified amount to the use of the jurisdiction of the arresting officer. Amount paid is based on blood alcohol concentration at time of arrest; the higher the Blood Alcohol Count (BAC), the higher the costs; Pay the costs of prosecution (usually about $150.00) Make any restitution as determined; Complete the DUI Course and outpatient treatment at his/her own expense; 3 month loss of operating privileges; Submission of drivers license to the Clerk of Courts for transmission to the Department of Transportation; Pay $375.00 to the use of the County for reimbursement for the costs of supervision and administration of the ARD program; Drug and alcohol counseling at the direction of the Probation Department; $25.00 to the EMS fund and $50.00 to the PA CAT Fund; PA Act 35 supervision fee of $25.00 per month; Obtain a Court Reporting Network evaluation at own expense; and any other special conditions as deemed necessary and ordered by the Court. |
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