First DUI in Pennsylvania

If you were charged with a first lifetime offense for DUI, contact an experienced criminal defense attorney to help you through each stage of the case. Many individuals charged with a first DUI will qualify for the Accelerated Rehabilitative Discharge, or ARD program. This program was created to help individuals charged with a first time offense of DUI out of the criminal justice system so they can avoid a criminal record.

If a driver successfully completes the ARD program, the prosecutor with the District Attorney's Office is required to dismiss the charges. The driver's license suspension, if any, is minimal in this program. After the charges are dismissed, the driver will have no criminal conviction, and can petition to clear their criminal record through the expunction process. Read more about the ARD DUI Program in West Chester, Chester County, Pennsylvania.

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West Chester First DUI Defense Attorney

If you were arrested for DUI in Chester County, Delaware County, Montgomery County or Lancaster County, contact a criminal defense attorney at the Skinner Law Firm to discuss your case. A knowledgeable attorney will help you learn what you need to do right now to protect yourself, your criminal record and your driving privileges. Attorney Michael J. Skinner can help you fight for the best possible outcome of your case.

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Accelerated Rehabilitative Disposition (ARD) DUI Suspension Periods

The Pennsylvania legislature recently enacted requirements for an Accelerated Rehabilitative Disposition (ARD) program in Pennsylvania. Under this law, the court must impose driver’s license suspensions for offenders in the ARD program based on certain blood alcohol concentration (BAC) ranges. The suspensions are as follows:

• No suspension if the driver’s BAC is less than .10%;
• A 30 day suspension if the driver’s BAC is .10% to less than .16%; or
• A 60 day suspension if the driver’s BAC is .16% or above.

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Expunction of ARD Records after a DUI in Chester County

After a DUI conviction in Pennsylvania, certain drivers may be eligible for expunction of their record by the Pennsylvania Department of Transportation. The expunction of accelerated rehabilitation disposition (also known as "ARD") records occurs automatically after 10 years, providing the person was not a commercial driver at the time of the violation, and/or the driver’s operating privileges were not revoked as a habitual offender.

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Penalties for First Time DUI Offenses in Pennsylvania

Not every driver arrested for a first DUI will be eligible for an ARD resolution. If the DUI ARD resolution is not an option, it is important to understand the maximum and minimum penalties that apply to first time driving under the influence convictions. Due to the serious consequences of a DUI conviction, many drivers are better off fighting the criminal charges in court to avoid a conviction.

A first DUI involving a BAC of 0.08% to .099% is considered an ungraded misdemeanor. For a first DUI in Pennsylvania, the courts will typically impose the statutory minimum sentence of 6 months probation to complete the following special conditions:

• Pay a $300 fine;
• Successfully complete the alcohol highway safety school; and
• Complete alcohol or drug treatment, if ordered.

A first DUI involving a BAC of .10 to .159% is considered an ungraded misdemeanor. For a first DUI in Pennsylvania, the courts will typically impose the following sentence:

• A 12 month driver's license suspension;
• At least 48 hours in jail (although the court can sentence up to 6 months in prison);
• A fine between $500 and $5,000;
• Successful completion of the alcohol highway safety school; and
• Completion of alcohol or drug treatment, if ordered.

A first DUI involving a BAC of .10% to .159% is considered a Misdemeanor of the First Degree. For a first DUI in Pennsylvania, the courts will typically impose the following sentence:

• Ignition interlock device installed for one year;
• A 12 month driver's license suspension;
• At least 72 hours in jail (although the court can impose up to 6 months in prison);
• A fine between $1,000 and $5,000;
• Successful completion of the alcohol highway safety school; and
• Completion of alcohol or drug treatment, if ordered.

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DUI Driver’s License Suspensions for a First DUI under Pennsylvania Law

The Pennsylvania legislature recently mandated certain DUI driver’s license suspensions depending on various factors, such as the number of the driver’s prior offenses, the driver’s impairment as measured by the BAC when driving, and whether the driver was under the influence of any controlled substances. The suspensions are:

• No suspension for first offense if the driver has a BAC below .10%, but is incapable of safe driving, and meets certain other criteria;
• A 12 month license suspension for first or second offense if the driver has a BAC greater than or equal to .10% and less than .16%; and
• A 12 month license suspension for first offense if the driver has a BAC greater than or equal to .16%.

In certain cases, a person convicted of a first time DUI may be eligible for an Occupational Limited License (OLL) after serving 60 days of their suspension. Those 60 days are also known as the "hard suspension,"or when the individual cannot drive for any reason.

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Skinner Law Firm | West Chester, Pennsylvania DUI Defense Attorney

If you have been arrested for a first DUI, then contact an experienced West Chester DUI attorney to fight your case. Michael J. Skinner can help you at each stage of the criminal process to protect your criminal record and driving privileges. Contact the Skinner Law Firm at (267) 388-3476 today for a consultation about your first DUI offense.