| Q. Why should I use an
attorney?
A. A
DUI is a very serious matter! The fines could be between $300.00
to more than $5,000. There could be lengthy jail time, and your
license could be suspended for more than a year. Even if you qualify
for a program which can reduce your sentence, you don't know everything
there is to know. Each program differs from county to county. Some
counties require you to have an attorney. While you might
be able to get through a program without an attorney, you might
not be able to take advantage of every aspect of the program. A
DUI can carry serious penalties. An attorney can guide you through
the process and make things a lot easier for you. If there were
a way to get your case thrown out, would you know what to look for?
Would you know what to do?
Q. What is A.R.D.?
A. A.R.D
stands for Accelerated Rehabilative Disposition. This is a program
generally for first-time offenders, with NO prior DUI or
other arrests! This may vary in your county. If you qualify and
successfully complete the program, the DUI charges will be withdrawn
and you could get the arrest expunged from your record. The District
Attorney in each county has the discretion as to who qualifies.
Q. How much will ARD cost me?
A. It depends. Ask an
attorney who knows the program in the county where you were arrested.
Q. What will happen to my license?
A. If you are convicted
of a DUI offense, your license could be suspended up to 18 months.
If you qualify for the ARD program, you may not have a license suspension.
Most people have a 1 or 2 month license suspension
Q. What happens if I drive while my
license is suspended?
A. You
go to jail! If you get caught driving while your license is suspended
from a DUI or related offense, the penalty is 60 to 90 days
in jail, $500.00 fine, and another year's suspension.
Q. What's the worst thing that can happen
to me for a DUI arrest?
A. The results of a DUI
conviction vary. See the worksheet below.
|
DUI
CONVICTION WORKSHEET
|
|
Number
of
Convictions
|
<.08
|
.08
and .09
|
.10
to .159
|
.16
or over/Drugs
|
Refusal
|
|
|
3802
(a) (1)
|
3802
(a) (2)
|
3802
(b)
|
3802
(c and d)
|
|
|
1st
Conviction
|
|
|
|
|
|
|
Jail
|
6
mos. Probation
|
6
mos. Probation
|
48
hrs - 6 mos.
|
72
hrs - 6 mos.
|
72
hrs - 6 mos.
|
|
Fine
|
$300
|
$300
|
$500
- $5,000
|
$1,000
- $5,000
|
$1,000
- $5,000
|
|
Suspension
|
None
|
None
|
12
mos.
|
12
mos.
|
12
mos.
|
|
|
|
|
|
|
|
|
2nd Conviction
|
|
|
|
|
|
|
Jail
|
5
days - 6 mos.
|
5
days - 6 mos.
|
30
days - 6 mos.
|
90
days - 5 yrs
|
90
days - 5 yrs
|
|
Fine
|
$300
- $2,500
|
$300
- $5,000
|
$1,500
- $5,000
|
>=
$2,500
|
>=
$2,500
|
|
Suspension
|
12
mos.
|
12
mos.
|
12
mos.
|
18
mos.
|
18
mos.
|
|
|
|
|
|
|
|
|
3rd Conviction
|
|
|
|
|
|
|
Jail
|
10
days - 2 yrs
|
10
days - 2 yrs
|
90
days - 5 yrs
|
1
yr - 5 yrs
|
1
yr - 5 yrs
|
|
Fine
|
$500
- $5,000
|
$500
- $5,000
|
$1,500
- $5,000
|
>=
$2,500
|
>=
$2,500
|
|
Suspension
|
12
mos.
|
12
mos.
|
18
mos.
|
18
mos.
|
18
mos.
|
|
|
|
|
|
|
|
|
4th Conviction
|
|
|
|
|
|
|
Jail
|
|
|
1
yr - 5 yrs
|
|
|
|
Fine
|
|
|
$1,500
- $10,000
|
|
|
|
Suspension
|
|
|
18
mos.
|
|
|
|
|
|
|
|
|
|
|
ARD-3807
|
No
DL Suspension
|
No
DL Suspension
|
30
days DL Suspension
|
60
days DL Suspension
|
60
days DL
Unknown BAC
|
Q. What happens if I refuse to give
blood or submit to the breath test?
A. If you refuse the chemical
test, Penn DOT will suspend your license for one year. That is in
addition to any penalty you receive from a DUI conviction or ARD
program. This suspension will probably start long before your DUI
suspension. If you want to fight the refusal suspension, you must
do it within 30 days after the mail date of the Suspension Notice.
Q. Can I get a license to go to work
or pick up my kids from school?
A. Maybe! You might be
able to get an Occupational Limited License; this depends on your
Blood Alcohol Content and which number offense you are charged with.
|