Can the police stop me for no "good reason"?

Unfortunately, the police can base a stop on any violation of the Motor Vehicle Code.  Some of these are quite minor, and a few of the most common violations chosen are: failing to stay on the right side of the roadway /  failing to stay within lane of travel, failing to properly signal, and a stop sign violation.  Once you are stopped, the police are in a position to lawfully contact you and observe your behavior and physical characteristics.  The initial stop used to be a fruitful way of challenging Pennsylvania DUI cases; however, it is increasingly more difficult to challenge or suppress such a stop.  While not impossible, any challenge to the stop should be thought out carefully with an attorney.

How can I be DUI, "I only had a couple of beers"?

The present legal limit in Pennsylvania is only .08% BAC.  How your blood alcohol content reaches that level is a complex matter.  While you may find BAC calculators online, an expert familiar with blood alchohol chemistry is required in a court of law.  Where your BAC is close to the next tier down (see chart below), i.e. .10 or .16, you may wish to challenge the blood alcohol content through the use of an expert.  Most DUI offenses are prosecuted on the basis of your blood alcohol content.  Where you refuse a blood alcohol test, the Commonwealth has to prove that you were rendered incapable of safe driving.   This means that they will rely on the observations of the officer and any field tests that were given.  A Defendant in such a case may wish to call an expert on blood alcohol chemistry and behavior as well as contacting ordinary people who saw the defendant on the night in question.

What do I do if I refused a test?

If you refuse a test, you should have been informed by the officer that the refusal will result in a one year license suspension in addition to any penalties associated with the DUI and you will be subjected to harsher penalties for the DUI.  If you refused last night or recently, call us as soon as possible.  We will attempt to determine the validity of the refusal and determine if the refusal has been processed through PennDOT.  If you receive any mail from PennDOT, an appeal must be filed within 30 days of the date of the mailing or else you will forever lose your right to do so.

Is an ARD a Conviction?

It depends.  Generally speaking an ARD is not a conviction.  You never have to admit guilt and you are never sentenced when your case is disposed of through the ARD Program.  However, an ARD counts as a prior offense should you be convicted of another DUI in the future.  Additionally, Commercial Drivers must keep in mind that an ARD counts as a "conviction" for the purpose of determining if your CDL will be disqualified.  Commercial drivers should contact an attorney and review their driving history prior to the entry into an ARD Program.

What are the license suspensions for ARD?

The license suspensions are based on blood alcohol levels and circumstances as follow:

     .08 to less than .10       = No suspension
     .10 to less than .16       = 30 Day License Suspension
     .16 and greater              = 60 Day License Suspension
     Unknown BAC               = 60 Day License Suspension
     Accident involving
     Bodily injury                   = 60 Day License Suspension
     Controlled substance  = 60 Day License Suspension
     Defendant under
     21 years of age             = 90 Day License Suspension

Please see the chart below for the general penalties associated with a DUI "conviction."  As stated above, these penalties do not apply within the context of ARD.  Contact an attorney for how penalties may apply in your case.

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

I was in the National Park and cited by OUI and other offenses by a Park Ranger, what next?

An offense under the Code of Federal Regulations for Operating Under the Influence or for a violation of a state law in a federal park is prosecuted by the National Park Service through the Office of the United States Attorney.  These cases, when occurring in Delaware Water Gap National Park are listed for trial in Scranton or Wilkes-Barre.  The trial is a one day event, and often a favorable resolution of the case can be reached if you have no prior offenses.