Driving Under the Influence (DUI) in Northeastern Pennsylvania

Driving Under the Influence (DUI) in Pennsylvania can result in harsh penalties in
the form of mandatory prison sentences and license suspensions. However, there are
alternative treatments such as ARD and House Arrests that can often be negotiated in
most DUI cases. When necessary, we are prepared to challenge the stop of your
vehicle, examine the procedures used by law enforcement, and to take your case to trial
if need be. We have over 30 years combined trial experience and have suppressed stops
in the past. In order to fairly evaluate your individual case, it is crucial to schedule a
consultation with us to review the individual details of your particular case. Our law
firm is located in Stroudsburg, Pennsylvania and we are very familiar with the
procedures crucial to a successful DUI Defense in Monroe County, PA, including the
towns of Tannersville, Brodheadsville, East Stroudsburg, Stroudsburg,
Mountainhome, Marshalls Creek, Tobyhanna, and Pocono Pines.

First, it is helpful to understand how your blood alcohol or controlled substance level
or refusal can result in different penalties. We understand that many people like to
learn as much about the law as possible, so the following chart can offer some general
guidance. One word of caution, please do not take the following chart as legal advice
since only an examination of your individual case can lead to a fair and accurate
evaluation. In particular, the jail terms referred to below are the mandatories required
by law -- a higher sentence may be imposed by the Court. Also, a determination of
whether the offense is a first, second, or subsequent offense is best made during an
individual consultation. With that said, here is a chart which may aid you ...

DUI Chart	BAC .08 to .099 3802(a)(2) No BAC, No refusal, but rendered incapable of safe driving by alcohol. 3802(a)(1)	BAC .10 to .159 3802(b) No BAC, No refusal, but rendered incapable of safe driving and certain accidents 3802(a)(1) plus accident Minors with .02 and up 3802(e) Certain Commercial Drivers under section 3802(f)	BAC .16 and up 3802(c) Refusal Controlled Substance
First Offense	-mandatory 6 mos. probation -$300 fine -alcohol highway safety classes -alcohol treatment	-mandatory 48 hours imprisonment -$500 to $5000 fine -alcohol highway safety classes -alcohol treatment -12 month license suspension	-mandatory 72 hours imprisonment -$1000 to $5000 fine -alcohol highway safety classes -alcohol treatment -12 month license suspension
Second Offense	-mandatory 5 days imprisonment -$300 to $2500 fine -alcohol highway safety classes -alcohol treatment -12 month license suspension	-mandatory 30 days imprisonment -$750 to $5000 fine -alcohol highway safety classes -alcohol treatment -12 month license suspension	-mandatory 90 days imprisonment -$1500 to $10,000 fine -alcohol highway safety classes -alcohol treatment -18 months license suspension
Third Offense	-mandatory 10 days imprisonment -$500 to $5000 fine -alcohol treatment -12 month license suspension	-mandatory 90 days imprisonment -$1500 to $10,000 fine -alcohol treatment -18 license suspension	-mandatory 1 year imprisonment -$2500 to $10,000 fine -alcohol treatment -18 months license suspension
Fourth and Subsequent Offense	-mandatory 10 days imprisonment -$500 to $5000 fine -alcohol treatment -12 month license suspension	-mandatory 1 year imprisonment -$1500 to $10,000 fine -alcohol treatment -18 license suspension	-mandatory 1 year imprisonment -$2500 to $10,000 fine -alcohol treatment -18 months license suspension

Beyond the Chart
Please note that individual cases vary. For example, the facts surrounding an
accident can mean the difference between a 10 day or a 90 day mandatory. These facts
will be analyzed in a consult. The following paragraphs provide examples of what
your case may look like off of the chart.

-ARD and House Arrest
ARD refers to a pretrial diversion program available to most first time offenders and
certain offenders with a previous DUI. It avoids jail time so long as the participant
completes a probationary term and results in a much shorter license suspension or no
license suspension. The license suspension depend on the BAC level, presence of
controlled substance, and whether you are of legal age to drink -- ranging from no
license suspension, 30 days, 60 days, or 90 days. At the end of the program you are
entitled to an expungement. However, an evaluation of how an ARD would work in
your individual case must come from a consultation.

House Arrest refers to an electronic monitoring program. Each county has different
rules governing the role of electronic monitoring for DUI Offenders. You may be able
to eliminate the need to serve any jail time, and instead serve your sentence from the
confines of your own home. An individual assessment must be given to determine
the role electronic monitoring may play in your case.

Speak with us to learn what to expect from these alternatives and what pitfalls you
want to avoid to insure successful completion of the programs. Remember, "The
Right Attorney Can Make a Difference."

-Presence or Absence of Criminal History and other Sentencing Factors
Note that the chart refers to mandatory sentences. However, Pennsylvania's
Sentencing Guidelines also apply to DUI offenses. If you have a criminal record, you
may be sentenced to more time than the mandatories provide for that are listed above.
Additionally, if there are "aggravating circumstances" in your case, such as a positive
drug test at a pre-sentence interview, you may be sentenced more than the
mandatory sentence.

-At Trial
If taken to trial, an expert witness may be able to testify regarding variation in the
percentage blood alcohol in a borderline case. Additionally, the chart won't
determine whether you have a refusal case that can be tried with success. Nor will
the chart reflect the knowledge of an attorney who has had experience trying Driving
Under the Influence cases before juries and judges of Pennsylvania.

-Legal Issues
Purely legal issues may not be taken into consideration by the charts. "Refusals" are
constantly being challenged and appealed. In the past, courts have disallowed the use
of a refusal which for a short time resulted in a reduction of mandatory penalties for
certain defendants. The difference in the use of a refusal could mean the difference
between a 10 day and 1 year mandatory term of incarceration for certain people.
Additionally, prior driving under the influence convictions within 10 years of the
offense will enhance the potential penalties. For individuals who have a prior out of
state driving offense that is similar to driving under the influence in Pennsylvania,
but is somewhat different, an evaluation of the out of state statute by an attorney can
help determine if you can argue that it should not count. Therefore, it is best to call
and speak about your case.

-Collateral Effects
Finally, there are collateral effects of a conviction that need to be considered as well.
For serious accident cases, the role of restitution becomes more important. These
cases should be treated with more care for other reasons as well, since they may result
in different crimes being charged which can result in harsher penalties than an
ordinary DUI. Other people may rely on a CDL to make a living or plan to apply for
a CDL in the future. How the DUI will effect your CDL or a future CDL needs to be
evaluated on an individual basis as well. Ignition Interlocks must also be installed in
certain cases. These restitution and licensing questions are a few of the issues that
may arise in any given DUI case.