DUI is an acronym used to describe the crime of Driving Under the Influence. The Pennsylvania Legislature enacted Pennsylvania's DUI laws in 75 Pa.C.S. 3731. In Pennsylvania, one may be convicted of DUI if they are in actual physical control of a vehicle while under the influence of drugs and/or alcohol.

You've been arrested for DUI. What happens now ?

Under Pennsylvania law, the penalty for DUI is:

• First Offense : Mandatory 48 hour imprisonment, $300.00 fine and 1 Year license suspension of operator privileges.
  
• Second Offense: Mandatory 30 day prison sentence, $300.00 fine and1 year suspension of operator privileges.
  
• Third Offense: Mandatory 90 day prison sentence, $300.00 fine and 1 year suspension of operator privileges.
  
• Fourth Offense: Mandatory 1 Year in prison sentence, $300.00 fine and 1 year suspension of operator privileges. 

If you drive during your year suspension you will spend a mandatory 90 days in jail, be fined an additional $1000.00 and have your license suspended for another year.

Unfortunately, most persons arrested for DUI are unaware of their rights, the available diversionary options, available defenses to the charges, the methods of challenging the toxicology results, the methods of challenging the legality of the traffic stop and/or check point and, consequently, the entire arrest. 

FAQs

• What happens if I refuse DUI chemical testing?
  If a Pennsylvania vehicle operator is stopped for suspicion of DUI and refuses a chemical test, the operator may be surprised to hear that the Commonwealth can still charge them for DUI, will suspend their operator privileges for 1 year and offer the refusal into evidence at the DUI trial. Additionally, if convicted of the underlying DUI, the license suspension will run consecutive to the DUI license suspension.
   

• Why should I talk with an attorney if I am arrested?
  It is possible that the police may have violated your rights or committed some error that could result in the charges against you being reduced or even dismissed. Therefore, it is very important that you speak with a quality attorney as soon as possible after your arrest. 

• Why should you even hire an attorney if I am arrested?
  Defending yourself in the criminal justice system will be a difficult challenge.  Criminal defense is a complex field of law. The politics and the odds are stacked against you. The penalties for driving under the influence of alcohol and or drugs can be very severe. The penalties may include the following: a jail sentence; a substantial fine; attendance in alcohol abuse classes; suspension, revocation or restriction of your driver's license; and/or other penalties. Further, pleading guilty to a DUI may result in your insurance premiums skyrocketing over the next several years. Some legal commentators call drunk driving the guilty until proven innocent exception to the Constitution. Often the fines are not as financially draining as the rise in insurance costs. 

• Can I be convicted of DUI if I’m not driving the vehicle?
  It is not necessary to be driving a vehicle to be considered "in actual physical control" for purposes of Pennsylvania's DUI Statute. Oftentimes intoxicated persons believe that it is legal and responsible to sleep-off an intoxication while inside a vehicle. Unfortunately, the same persons find themselves arrested for DUI because they were considered "in actual physical control" of the vehicle. These very same persons often are charged with DUI because they are proven to be in actual physical control of the vehicle while intoxicated. 

• Can I be DUI even though I did not feel intoxicated when arrested?
  It is not necessary that the accused actually be intoxicated to be convicted of DUI. To the contrary, a person can be convicted DUI if his/her blood alcohol concentration exceeds .08% or if the police officer believes, in his/her opinion that the accused was not capable of safely operating the motor vehicle.