Driving Under The Influence Law Grading And Sentencing Guide - Lawrence County Dui Program
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1DUI Law Grading and Sentencing Guide
DUI Law Sections Violated
1
st
in 10 YEARS
2
nd
in 10 YEARS
3
rd
in 10 YEARS
4
th
in 10 YEARS
Ungraded Misdemeanor
Ungraded Misdemeanor
1. 3802 (a)(1) Incapable of Safe Driving
Misdemeanor 2
Misdemeanor 2
Mandatory 6 months Probation
Jail 5 days to 6 months
Jail 10 days to 2 years
Jail 10 days to 2 years
1.
No BAC available
Fine $300
Fine $300 to $2,500
Fine $500 to $5,000
Fine $500 to $5,000
2.
No Implied Consent Violation *
AHSS
AHSS
License Suspension - 12 months
License Suspension
3.
No Injury or Damage (accident) **
No License Suspension
License Suspension - 12 months
Ignition Interlock - 1 year
- 12 months
Full D&A Assessment if indicated by CRN
Ignition Interlock - 1 year
2. 3802 (a)(2) BAC .08% to less than .10%
Full D&A Assessment
Ignition Interlock - 1 year
Full D&A Assessment
Full D&A Assessment
Ungraded Misdemeanor
3. 3802 (b) BAC .10% to less than .16%
Ungraded Misdemeanor
Misdemeanor 1
Misdemeanor 1
Jail 30 days to 6 months
4. 3802 (a)(1) with damage or injury **
Jail 48 hours to 6 months
Jail 90 days to 5 years
Jail 1 to 5 years
5. 3802 (e) Minors .02% or greater
Fine $500 to $5,000
Fine $750 to $5,000
Fine $1,500 to $10,000
Fine $1,500 to $10,000
6. 3802 (f) Commercial .04% or greater
AHSS
AHSS
License Suspension - 18 months
License Suspension
License Suspension - 12 months
7. 3802 (f) School Vehicles .02% or greater
License Suspension - 12 months
Ignition Interlock - 1 year
- 18 months
Ignition Interlock - 1 year
8. 3802(f) Commercial/School Vehicles incapable
Full D&A Assessment if indicated by CRN
Full D&A Assessment
Ignition Interlock - 1 year
Full D&A Assessment
of safe driving
Full D&A Assessment
9. 3802 (c) BAC .16 or higher
Ungraded Misdemeanor
Misdemeanor 1
Misdemeanor 1
Misdemeanor 1
Jail 72 hours to 6 months
Jail 90 days to 5 years
10. 3802 (a1) with an Implied Consent Violation *
Jail 1 to 5 years
Jail 1 to 5 years
Fine $1,000 to $5,000
Fine $1,500 to $10,000
11. 3802 (d) Controlled Substances
Fine $2,500 to $10,000
Fine $2,500 to $10,000
AHSS
AHSS
License Suspension - 18 months
License Suspension
License Suspension - 12 months
License Suspension - 18 months
Ignition Interlock - 1 year
- 18 months
Full D&A Assessment
Ignition Interlock - 1 year
Full D&A Assessment
Ignition Interlock - 1 year
Full D&A Assessment
Full D&A Assessment
* A Violation of 3802 (a) (1) that involves an Implied Consent Violation is subject to the highest penalty.
Mandatory Conditions of ARD
** Violations of 3802 (a) (2) and 3802 (a) (1) that involve an accident with injury or damage are subject to the 2nd highest penalty level.
for a DUI Offense
ARD (Accelerated Rehabilitative Disposition)
•
AHSS
A DUI offense is eligible for ARD under the following circumstances.
•
Probation supervision of a minimum of 6 months up to a maximum of
•
It is a first offense within ten years.
12 months.
•
No person, other than the offender, was killed or seriously injured.
•
Full D&A Assessment, if BAC .16 or greater or if CRN Profile report
•
There was no passenger in the offender’s vehicle under the age of 14 at the time of the offense.
indicates the need for further evaluation for D&A counseling or
treatment.
Mandatory License Suspension for ARD is as follows:
•
Mandatory license suspension as indicated.
•
Restitution to any person who suffered a financial loss.
•
No suspension if BAC is under .10% and offender is not a minor.
•
Payment of any other fee, surcharge or cost required by law including
fees for AHSS, evaluation and treatment.
•
A suspension of 30 days if BAC .10% to <.16%.
•
Any other condition established by the Court.
•
A suspension of 60 days if BAC .16% or greater, BAC unknown, DUI involving drugs or violations of Implied Consent.
•
A suspension of 90 days if the offender is a minor.
A Full Drug and Alcohol Assessment is required for a DUI offender
Printed 2009 by the Pennsylvania DUI Association
prior to sentence if any one of the following applies.
When a Full Assessment is completed and the Assessment indicates a need for
1. The Offender has a prior DUI offense within 10 years.
All penalties include up to 150 hours of
counseling or treatment, the Court is required to order treatment as indicated by
2. The Court Reporting Network Evaluation indicates a need for
community service and a Court Report-
the Assessment. When the Court orders treatment or counseling, the Court is re-
further evaluation for counseling or treatment.
ing Network (CRN) drug and alcohol
quired to order the statutory maximum as the top end of the Offender’s sentence.
3. The offenders BAC was .16 or greater.
evaluation.
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