Pennsylvania Enacts New DUI Regulations

On May 25, 2016, Pennsylvania enacted Act 33. This regulation adds the requirement for a car ignition interlock system for first-time offenders who were convicted on drunk-driving charges with a blood-alcohol concentration of 0.10 percent or greater. Those convicted and required to use the system will have to use the ignition interlocks for at least one year.

DUI PICThe ignition interlock system is a breathalyzer for an individual’s vehicle. It requires the driver to blow into a mouthpiece on the device before starting the vehicle. It will not allow the driver’s car to start if they are drunk.  And these devices are not cheap: to lease an ignition interlock system for one year costs approximately $1,200.00. That’s in addition to other fines, costs and penalties associated with a DUI conviction. .

Previously the ignition interlock requirement applied only to repeat drunk driving offenders in Pennsylvania. Essentially, this new law means that anyone convicted of a DUI offense with a blood-alcohol content over 0.10 [legal limit is .08] must use the ignition interlock unit. However, it’s worth noting that the interlock requirement does not take effect for 15 months, meaning those convicted now for a first-time DUI will still face the potential of a license suspension rather than the ignition interlock system.

It is also important to recognize that if you are arrested and convicted for a first-time DUI, you may be eligible for the Accelerated Rehabilitative Disposition Program, or ARD. If you qualify and satisfy the requirements of ARD, it will leave you without a conviction and you will likely not be affected by this new law requiring an ignition interlock system.

Advocates claim a dual benefit: they argue the new law will protect people on the roads and also allow first-time offenders to avoid the license suspension which comes with a conviction, meaning they can keep their jobs or other responsibilities

The push for the enactment of this regulation was spurred in 2015 when there were 12,884 alcohol-related crashes in Pennsylvania that caused 306 deaths and 6,042 alcohol-related injuries.

If you are arrested for driving under the influence for the first time, the Criminal Defense Attorneys at Howland Hess O’Connell have extensive experience in assisting clients through these matters.  They will assist you in determining if you qualify for ARD, whether the Program is right for you, and guiding you through the Application process.

ARD may not be right or even available to you, but the best way to determine this is by speaking with a criminal defense attorney equipped to guide you through this process. If any of the above information applies to you, call for a free consultation at (215)-947-6240 or contact us online to schedule a meeting.

Legal Disclaimer: The contents of this website are intended solely for informational purposes. They neither constitute nor imply an official legal opinion on behalf of Howland, Hess, Guinan, Torpey, Cassidy and O’Connell nor do they establish an attorney-client relationship of any kind. Howland Hess O’Connell encourages all readers to seek and consult professional counsel before acting upon the information contained on this site.

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The Pennsylvania ARD Program for First-Time Offenders

ARD, or Accelerated Rehabilitative Disposition, is a diversionary program available in Pennsylvania designed to divert first-time offenders from the criminal justice system. It is a second chance provided to certain first-time offenders which is available and offered at the discretion of the District Attorney.

If you have been charged with a certain qualifying, non-violent offense (like a DUI or minor drug related crime, for example) and are accepted into the ARD Program, Pennsylvania will suspend the charge while requiring that you complete certain court-ordered conditions like community service, counseling, and potentially restitution. It can be analogized to probation, wherein those who qualify must be willing to acquiesce to a period of supervision.

The major benefit of ARD is that you are not formally “convicted” of the crime charged. If you successfully complete the program, the criminal charges which were brought against you are dismissed. Why is this so important? It allows you to answer “no” in response to questions which asks whether you’ve ever been convicted of a crime.

Additionally, 30 days after completing ARD in full, you are able to petition the court to expunge your arrest record. If you’ve successfully completed the requirements of the program, your ARD participation will not be made publicly available. An added benefit, especially for those facing a DUI charge, is that your license suspension will generally be for a shorter period of time then if you were actually convicted.

You should be aware that while these records are not available to the public, the Commonwealth’s District Attorney will have access to these documents should you find yourself on the wrong side of the law in the future. If you are arrested a second time, you will be sentenced as a second-time offender by the court unless ten years have since passed.

Please note there are certain limitations on eligibility for ARD, and not all first-time offenders will qualify. If you’ve been charged with a non-violent crime and are a first-time offender, ARD is an option that (at the very least) is worth considering. ARD may not be right or even available to you, but the best way to determine this is by speaking with a criminal defense attorney equipped to guide you through this process. The Criminal Defense Attorneys at Howland Hess O’Connell have extensive experience in assisting clients in determining if they qualify for ARD, whether the Program is right for them, and guiding clients through the Application process.

Additionally, if you’ve successfully completed ARD and thirty days have passed, you should be taking the steps necessary to have these documents expunged from your record. While the process is rather straightforward in dealing with the State, it is generally a much more lengthy process in dealing with PennDOT. If you’ve previously completed the ARD Program, the Criminal Defense Team at Howland Hess O’Connell is also available to assist you in having your record expunged and ensuring this expungement was done completely.

If any of the above information applies to you, call for a free consultation at (215)-947-6240 or contact us online to schedule a meeting.

Legal Disclaimer: The contents of this website are intended solely for informational purposes. They neither constitute nor imply an official legal opinion on behalf of Howland, Hess, Guinan, Torpey, Cassidy and O’Connell nor do they establish an attorney-client relationship of any kind. Howland Hess O’Connell encourages all readers to seek and consult professional counsel before acting upon the information contained on this site.