Criminal Defense at the State and Federal Level
(800) 243-4878
At Manchester and Associates we handle Pennsylvania criminal law and DUI defense cases. Call us 24/7 at (800) 243-4878 or email us using the form below.
The Law firm of Manchester & Associates is experienced in Pennsylvania DUI Defense and handles all types cases involving driving under the influence of alcohol or driving under the influence of a controlled substance. We will educate you about PA's DUI law, explain the judicial process, and review all of the possible consequences.
DUI is a serious offense which if convicted will result in the suspension of the driver's vehicle operating privilege if the driver's Blood Alcohol Level (BAC) is greater than .10. Multiple DUI offenders and those driving while operating privileges are suspended for a previous DUI are punished more severely than first time DUI offenders. A DUI is a Misdemeanor in Pennsylvania which is considered is a less serious criminal offense generally punishable by a fine or limited local jail time, but not by imprisonment in a penitentiary.
A person shall not drive, operate or be in actual physical control of the movement of any vehicle:
There are 3 levels of DUI in Pennsylvania.
General Impairment penalties (Undetermined BAC, .08 to .099% BAC)
No prior DUI offenses |
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1 prior DUI offense |
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2 or more prior DUI offenses |
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Pennsylvania DUI law creates a higher set of penalties for those having higher BAC levels. It allows for treatment at all levels, and requires alcohol highway safety school for all first and second time offenders.
High BAC penalties (.10 to .159% BAC)
No prior DUI offenses |
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1 prior DUI offense |
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2 or more prior DUI offenses |
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3 or more prior DUI offenses |
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For those at the highest BAC levels, the Pennsylvania DUI law has strict penalties, but also allows for treatment. This even-handed approach allows for individuals to receive counseling for their alcohol problem, while still penalizing those who choose to continue the dangerous practice of drinking and driving.
In addition, drivers under the influence of controlled substances and those who refuse breath or chemical testing are subject to the highest BAC category penalties.
Highest BAC penalties (.16% and higher) or Controlled Substance
No prior DUI offenses |
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1 prior DUI offense |
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2 or more prior DUI offenses |
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Changes to PA Act 24 since September 30, 2003
The following outlines specific components of the new law, and changes from the previous law that impacts DUI drivers.
Blood Alcohol Content (BAC) Levels
The Blood Alcohol Content (BAC) level for per se DUI is lowered to .08%.
-Effective September 30, 2003
Penalties for DUI will be based on BAC and prior offenses.
-Effective February 1, 2004
Accelerated Rehabilitative Disposition (ARD)
Requires courts to impose suspensions for BAC ARDs based on the following BAC ranges:
-Effective February 1, 2004
License Suspensions
Suspensions will be imposed as follows:
-Effective February 1, 2004
DUI Treatment and Evaluation
Treatment and evaluation processes are geared to rehabilitation.
-Effective - Phased-In Through 2009
Ignition Interlock
Drivers who receive a second or subsequent DUI violation on or after September 30, 2003, can no longer serve an additional one year suspension in lieu of obtaining an ignition interlock device. Drivers are required to install ignition interlock on all vehicles owned (including leased) before driving privileges can be restored.
-Effective September 30, 2003
Additionally, the following exemptions and penalties have been added:
Occupational Limited Licenses (OLL's)
First time DUI offenders may be eligible for an OLL after serving 60 days of their suspension. Individuals whose licenses are suspended for 18 months (for DUI or refusing breath or chemical testing) and have no more than one prior offense may be eligible for an OLL with an ignition interlock after serving 12 months of their suspension. In addition, first time underage drinking violators may be eligible for an OLL.
-Effective February 1, 2004
Expungement of Accelerated Rehabilitation Disposition (ARD) Records
PennDOT will automatically expunge ARD records after 10 years providing a person's operating privileges were not revoked as a habitual offender and/or the person was not a commercial driver at the time of the violation.
-Effective February 1, 2004
Credit (Suspension)
Individuals suspended for driving a vehicle not equipped with an ignition interlock device or driving under a DUI-related suspension, with a BAC of .02% or greater cannot receive credit for their suspension until jail time has been served.
-Effective February 1, 2004
Implied Consent/Breath or Chemical Testing
Suspensions for individuals who refuse to submit to breath or chemical testing may be increased. Breath or chemical testing may now be required for individuals who are arrested for driving under a DUI-related suspension or driving without an ignition interlock device.
-Effective February 1, 2004
At Manchester and Associates, we believe in personal relationships and personal contact with our clients. Our clients will never have to deal with an answering service. Once your case comes across their desk, our lawyers will make a personal phone call to you to talk about your needs. After your FREE initial consultation they will always be available to you by their own phones day or night. The lawyers and staff at Manchester and Associates are always available to you 24/7. We understand that being charged with a crime does not just happen between the hours of 9 to 5 and that a lot of arrests occur when its dark out, and on the weekends, that is why our office phones are always forwarded to our lawyers cell phones and are answered by them personally.
Our initial consultation is FREE! Protect your rights, call us anytime 24 hours a day! (800) 243-4878
Manchester & Associates
Attorneys at Law
R. Bruce Manchester, Esquire | Brian Manchester, Esquire
124 West Bishop Street, Bellefonte, PA 16823
(800) 243-4878