A person may not operate, drive, or be in actual physical control of a commercial vehicle, school bus or school vehicle’s movement  in ANY of the following circumstances:

• if the driver of a school bus or a school vehicle has imbibed a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath (i.e., BAC) is 0.02% or greater within 2 hours after driving, operating or   actually  physically controlling  a school bus or school vehicle’s movement.
• if the driver of a commercial vehicle other than a school bus or a school vehicle has imbibed a sufficient amount of alcohol such that the individual’s blood or breath alcohol concentration  (i.e., BAC) is 0.04% or greater within 2 hours after operating, driving,   or being in actual physical control of the commercial vehicle’s movement.
• if the individual has imbibed a sufficient amount of alcohol to be rendered incapable of safely operating, driving,  or being in actual physical control of the movement of the vehicle.
• while the person is under the influence of a controlled substance or a combination of controlled substances.
• while the individual is under the influence of a combination of  alcohol and a controlled substance or mixture of controlled substances.

The penalties for a DUI/DWI conviction vary depending upon, without limitation:

• the accused’s blood alcohol content (BAC) at the time of the offense;
• the accused’s number of previous DUI/DWI offenses;
• whether there was an accident resulting in bodily injury, serious bodily injury or death of any person;
• whether  vehicle or other property  damage occurred;
• whether the accused is a minor;
• whether at the time of the offense the accused was operating or driving a commercial vehicle;
• whether the accused was driving a school bus or school vehicle at the time of the offense;
• whether the accused refused testing of blood or breath;
• whether the accused was under the influence of controlled substances;
• whether the  offense involved a minor occupant.

PENALTIES FOR DUI/DWI (75 P.S. §3804)

*A.H.S.S. (Alcohol Highway Safety School)

* D & A  (Drug and Alcohol Treatment: comply with all drug and alcohol treatment requirements imposed under sections 3814 (relating to drug and alcohol assessments) and 3815 (relating to  mandatory sentencing).

* C.S. (Community Service):  In addition to the penalties set forth above, the sentencing judge may impose up to 150 hours of community service.  Where the individual has been ordered to drug and alcohol treatment pursuant to sections 3814 and 3815, the community service shall be certified by the drug and alcohol treatment program as consistent with any drug and alcohol treatment requirements imposed under sections 3814 and 3815.

**Penalties for violation involving minor occupant are in addition to any penalty imposed in      Title 75 Chapter 38.

Pursuant to 75 P.S. 3804(e), the Pennsylvania Department of Transportation shall suspend the operating privilege of an individual who is convicted of DUI/DWI under 75 PS 3802 or a substantially similar violation that takes place in another state. In general, the suspension is:

• 12 months for an ungraded misdemeanor or misdemeanor of the second degree, as defined by 75 PS 3803;
• 18 months for a misdemeanor of the first degree, as defined by 75 PS 3803;
• No suspension for an ungraded misdemeanor (i.e., a BAC of less than 0.10%) and the person has no prior offense.
• Persons with 3 convictions for DUI/DWI offenses constitute “habitual offenders” under 75 P.S. 1542, and results in a 5 year revocation period.  Further, each additional offense committed within a period of 5 years from the date of any previous crime will cause a revocation for an additional period of 2 years.

Pursuant to section 1543 of the Pennsylvania Motor Vehicle Code, 75 PS 1543, any person who drives a motor vehicle on any highway or traffic way in the Commonwealth of Pennsylvania after a cancellation, suspension, or revocation of the operating privilege has commenced and prior to the operating privilege being restored is guilty of a summary offense punishable by a fine of $200.

If the person drives a motor vehicle while under a DUI related suspension or revocation of operating privilege, he is guilty of a summary offense punishable by a fine of $500 and imprisonment for a period of not less than 60 days nor more than 90 days.

If the person’s blood alcohol content (BAC) is equal to or greater than 0.02%, or has any quantity of a Schedule I or non-prescribed Schedule II or III controlled substance in the blood, while driving under a DUI-related suspension or revocation of operating privilege, he shall, upon a first conviction, be sentenced to imprisonment for a period of not less than 90 days and a $1,000 fine. A second violation of this prohibition is punishable by not less than six months imprisonment and a fine of $2,500. A third or ensuing violation of this prohibition is punishable by a fine of $5,000 and imprisonment of not less than two years.

Pursuant to 75 P.S. §3805 if a person violates 75 PS 3802 (relating to driving under influence of alcohol or controlled substance) and, within the prior 10 years, has (i) a prior DUI/DWI offense or (ii)  had their operating privileges suspended  pursuant to 75 PS 1547 (b) for refusing to submit to chemical testing to determine amount of alcohol or controlled substance in their blood at the time of the offense or (iii) illegally operated a motor vehicle not equipped with an ignition interlock device, and the person seeks a restoration of operating privileges, the Pennsylvania Department of Transportation shall demand as a condition of issuing a restricted license that each motor vehicle owned by or registered to the person has been furnished with an ignition interlock system and remains so for the duration of the restricted license period, unless an economic hardship or employment exemption is granted. One year from the date of issuance of an ignition interlock restricted license, a person, if otherwise eligible, may be issued a replacement license that does not contain the ignition interlock system restriction.

You may be eligible in certain cases for a special program known as “ARD” (Accelerated Rehabilitative Disposition), which permits a first time DUI/DWI offender to avoid being “convicted” of a criminal offense. Upon successful completion of the ARD program, your criminal charges are dismissed and your criminal record may be erased or “expunged” with the court’s permission. Thus,  ARD is an alternative to being convicted of a crime in the Commonwealth of Pennsylvania. The ARD program, which can last up to 12 months in DUI/DWI cases, is managed by the District Attorney’s Office in conjunction with the probation office  in the county in which the crime occurred.  In DUI cases, an individual whom the District Attorney’s Office grants admission into the ARD program will not be forced to serve the mandatory minimum jail sentence and license suspension for a DUI conviction. The period of mandatory suspension of operating privileges as a condition of ARD is as follows:

• BAC less than 0.10% at time of testing:  no license suspension;
• BAC of at least 0.10% but less than 0.16%:  30 days license suspension;
• BAC of 0.16% or higher: 60 days license suspension;
• unknown BAC:  60 days license suspension;
• accident resulting in bodily injury or damage to a vehicle or other property: 60 days license suspension;
• defendant charged with driving under the influence of controlled substances: 60 day license suspension.
• defendant a minor at the time of the offense:  90 days license suspension.