Charged With DUI in Pennsylvania?

Understanding a Pennsylvania DUI Charge

Pennsylvania divides DUI offenses into three general impairment levels. The possible consequences depend on your blood alcohol concentration, whether controlled substances were alleged, whether you refused chemical testing, whether an accident occurred, and whether you have prior DUI offenses.

A DUI charge does not automatically mean you will be convicted. The traffic stop, field sobriety tests, chemical testing, police procedures, and other evidence should all be examined before you decide how to proceed.

Pennsylvania’s Three DUI Tiers

General Impairment: BAC of .08% to .099%

For many first offenses, the statutory penalties can include probation, a $300 fine, alcohol highway safety school, and a drug and alcohol evaluation. A first-offense General Impairment conviction ordinarily does not carry the same mandatory license suspension imposed at the higher BAC tiers.

High Rate of Alcohol: BAC of .10% to .159%

A first-offense High Rate DUI can carry mandatory jail time, increased fines, alcohol highway safety school, treatment requirements, and a driver’s license suspension.

Highest Rate of Alcohol: BAC of .16% or Higher

Pennsylvania’s most serious DUI tier applies to a BAC of .16% or higher. Controlled-substance cases and certain chemical-test refusal cases may also be treated under the highest-penalty provisions.

Even a first offense can expose someone to mandatory jail time, substantial fines, treatment requirements, and a driver’s-license suspension.

Penalties increase significantly when a person has prior DUI offenses. The applicable tier and penalties must be determined from the specific facts of each case.

Could You Qualify for Pennsylvania’s ARD Program?

Accelerated Rehabilitative Disposition, commonly called ARD, may give certain first-time offenders an opportunity to resolve a DUI charge without a traditional conviction.

Successful completion may allow a person to seek expungement of the criminal case. However, ARD is not automatic. Eligibility and admission depend on the facts of the case, statutory restrictions, the district attorney’s policies, and court approval.

Factors that may affect eligibility include:

• Prior DUI or criminal history
• Whether another person was seriously injured or killed
• Whether a child was in the vehicle
• The alleged BAC or presence of controlled substances
• Chemical-test refusal
• Compliance with local ARD requirements

ARD can still involve supervision, costs, classes, treatment, community service, and a possible license suspension. Before accepting ARD, you should understand both its benefits and its consequences.

What Wenger Law Does for DUI Clients

Every DUI case should be examined individually. Depending on the circumstances, Attorney David Wenger may:

• Review whether police had a lawful reason to stop your vehicle
• Examine the administration and reliability of field sobriety testing
• Review blood, breath, or urine testing procedures
• Investigate whether your constitutional rights were violated
• Challenge improperly obtained or unreliable evidence
• Represent you at preliminary hearings and court appearances
• Evaluate eligibility for ARD or other alternative resolutions
• Negotiate with prosecutors when doing so serves your interests
• Prepare the case for suppression hearings or trial
• Advise you about PennDOT license consequences and available procedures

As a former prosecutor, Attorney Wenger understands how the Commonwealth evaluates and prosecutes DUI cases. He uses that experience to identify weaknesses in the evidence and develop a defense based on the facts of your case.

Local DUI Representation in Western Pennsylvania

Wenger Law represents DUI clients in:

• Mercer County
• Lawrence County
• Butler County
• Beaver County
• Venango County
• Crawford County

Local procedures, ARD requirements, and prosecutorial policies can vary by county. Working with an attorney familiar with Pennsylvania criminal procedure can help you understand what to expect and what options may be available.