DUI and License Suspension in PA

October 09, 2010

According to the Pennsylvania Department of Transportation website, Act 24 was signed in September 2003, lowering the state's legal limit of blood alcohol concentration (BAC) for a DUI from .10 to .08. As reported on padui.org, in-state alcohol related crashes and fatalities decreased from 2007 to 2008, and were the second lowest totals in the prior consecutive five years. Thus, it is apparent that Pennsylvania continues to take an aggressive posture toward the prevention of drinking and driving, including the widespread use of sobriety checkpoints and saturation patrols. In fact, PR Newswire reported that Commissioner Frank E. Pawlowski said state police made a record 16,156 DUI arrests in 2008.

DUI in Pennsylvania

Changes to the Driving Under the Influence (DUI) laws in 2003 created a three tiered approach to enforcement and treatment, providing for different criminal penalties (fines and imprisonment), treatment requirements and terms of license suspension. The new law carries treatment requirements for even first-time DUI offenders.

There are now three levels of penalties for a DUI in Pennsylvania and the level of penaltiy is directly related to the alcohol level (or the refusal of the alcohol test if that is the case) of the person charged with a drunken driving or DUI offense:
- General impairment: Drivers with a BAC of .08 to .099 and no prior offenses will generally be charged with an ungraded misdemeanor, and upon conviction face fines and probation. Drivers with prior offenses can face an increased charge of second degree misdemeanor, and conviction can result in up to two years in prison, fines up to $5,000 and mandatory installation of ignition interlock device for 12 months.
- High BAC: Drivers with a BAC between.10 and .159 BAC and no prior offenses face on conviction up to six months in prison (with a mandatory sentence of 2 days imprisonment) and up to a fine of $5,000 (with at least $500 mandatory); the offense is an ungraded misdemeanor. Drivers with prior offenses may be charged with a first degree misdemeanor and conviction may result in up to five years in prison, up to a $10,000 fine and mandatory installation of an ignition interlock device for 12 months. A person with two prior DUI offenses within 10 years faces a mandatory sentence of at least 90 days in imprisonment and a $1,500 fine and for one prior offense in that time at least 30 days of imprisonment and at least a $750 fine.
- Highest BAC: Those drivers with a BAC of .16 or higher (or who refuse the alcohol test) with no prior offenses face up to six months in prison (with a mandatory sentence of three days imprisonment) and up to a $5,000 fine(with at least $1,000 mandatory); the offense is an ungraded misdemeanor. Drivers with prior offenses may be charged with a first degree misdemeanor and upon conviction may face up to five years in prison, up to a $10,000 fine and mandatory installation of an ignition interlock device for 12 months. A person with two prior DUI offenses within 10 years faces a mandatory sentence of one year imprisonment and a $2,500 fine.

Upon conviction, drivers also face mandatory license suspension as detailed below. Additionally, the new law allows for court-ordered treatment at all levels and makes alcohol highway safety school mandatory for all offenders.

Minors and commercial vehicle or bus drivers may be subjected to stiff penalties even at drastically lower BAC levels. A minor faces DUI penalties with a BAC of .02 and above and an individual in a commercial vehicle such as a heavy truck will face the DUI penalties at a BAC of .04 and above and a School bus operator will be prosecuted for drunk driving with a BAC of .02 or above. Additionally, drivers involved in an accident that causes injury or property damage may face increased penalties. Drivers who refuse breath or chemical testing may even be subjected to the highest BAC penalties as noted above.

License Suspension

Under the new DUI laws the driver's BAC level, as well as prior offenses, determine the licensing requirements and penalties. License suspensions following a conviction are issued as follows:
- BAC below .10 and incapable of safe driving: No suspension for certain first-time offenders; 12 month suspension for second or subsequent offenses
- BAC at or above .10 and below .16: 12 month license suspension for first and second offense; 18 month suspension for third or subsequent offense
- BAC at or above .16: 12 month license suspension for first offense; 18 month suspension for second or subsequent offense

A person charged with a first offense DUI who has no prior convictions for criminal offenses or previous pretrial diversions may qualify for the pretrial diversion program known as ARD (accelerated rehabilitative disposition). This program can be fully explained in a consultation with a lawyer, but simply stated it is a pretrial probationary program with specified conditions. If completed satisfactorily, the program results in dismissal of the criminal charge and qualifies one to seek an expungement of the arrest record. It will also keep the license suspension time limited to a maximum of 60 days (90 for a minor) with a lesser period of 30 days or no license suspension possible depending on the alcohol level.

A Pennsylvania resident driver who is convicted of a DUI or drunk driving offense in another state will not have their license suspended in Pennsylvania if it is a first in a lifetime DUI offense. Of course, that person would face likely driving privilege sanctions in the state in which they were convicted as well as the criminal penalties there. If it is a second or subsequent DUI offense in that person's lifetime they would face a 12 month license suspension for an out-of-state DUI offense.

Occupational Limited Licenses (OLL) may be available a DUI offender, but only in very limited circumstances. For example, an individual convicted of a DUI and subjected to a license suspension, and who does not have a prior DUI offense, may be eligible for a "work license" or "bread and butter license" after serving 60 days of his suspension. Also, certain individuals with an 18 month license suspension may be able to get an occupational limited license if (and they are otherwise eligible for restoration) they:
- Have served at least 12 months of the suspension
- Have no more than one prior DUI
- Will only operate a vehicle with ignition interlock

Drivers convicted of a second or subsequent DUI offense since September 30, 2003 are no longer given the option of serving an additional one year suspension in lieu of obtaining an ignition interlock device. Drivers are required to install ignition interlock devices on all leased or owned vehicles before driving privileges can be restored. Limited exemptions exist that may allow some drivers to operate without an ignition interlock device in some instances.

Those charged with a DUI offense should contact a lawyer immediately. Even though facing likely pretrial diversion to ARD as a first offender should consult with an attorney. For example, a truck driver may accept ARD thinking that the mandatory loss of license for that program may be no more than 60 days. However, a trucker who goes into ARD for a DUI (even for a DUI in his personal, non-commercial vehicle) will face a mandatory loss of his CDL for one year. Many first offenders confuse their obligations for a case or miss a court date and land in serious trouble with the Court. A person not eligible for ARD pretrial diversion is in even more critical need of legal consultation.

Conviction can be expensive, from penalties and installation of ignition interlock devices to time away from work due to a prison sentence or as a result of license suspension. Suspension terms are mandatory upon conviction. A lawyer can evaluate the DUI and related charges, review the evidence and the client's background and advise the accused how to proceed to protect his or her rights and livelihood.

Article provided by Joyce & Bittner
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