Pennsylvania First offense DUI

[Jimbpard]

A friend of mine was pulled over for a DUI. He's worried about probation being one of the things he may have to face.
Does anyone know what kind of sentence you typically recieve for a first time dui offense in PA? If probation, what are the stipulations of it?
He said he blew a .09 in the breath machine. The legal limit in PA is .08. Though a few years ago it would not have even been a dui..The legal limit WAS .10, but they lowered it to get more federal money for road improvements from what I understand...

Any info is appreciated. Thanks guys

[Rokk]

hmmm
hope this helps your "Friend" to not drink and drive.

I did a search and this link reveals:

http://www.dui.com/pennsylvania?sour...FSgKYAodiQLJNw

What Happens To DUI Offenders in Pennsylvania?
There are now three levels of DUI in the state of Pennsylvania. The DUI laws of Pennsylvania create 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 offender

The 3 Levels are:

General Impairment (.08 to .099% BAC)
High BAC (.10 to .159% BAC)
Highest BAC (.16% and higher)
Note: Under the DUI law minors, commercial drivers, school vehicle or bus drivers, and offenders involved in an accident that injures someone or causes property damage may be subject to the high BAC penalties even if their BAC is not in the high category. Offenders who refuse breath or chemical testing may be subject to the highest BAC penalties.

The following show the penalties for each of the BAC level:

Level One (Undetermined BAC, .08 to .099% BAC)

No prior DUI offenses

Upgraded Misdemeanor
Up to 6 months probation
$300 fine
Alcohol highway safety school
Treatment when ordered
With 1 prior DUI offense

Upgraded Misdemeanor
12 month license suspension
5 days to 6 months jail time
$300 to $2,500 fine
Alcohol highway safety school
Treatment when ordered
1 year ignition interlock
2 or more prior DUI offenses

2nd degree misdemeanor
12 month license suspension
10 days to 2 years prison
$500 to $5,000 fine
treatment when ordered
1 year ignition interlock
High BAC penalties (.10 to .159% BAC)

No prior DUI offenses

Upgraded misdemeanor
12 month license suspension
48 hours to 6 months prison
$500 to $5,000 fine
Alcohol highway safety school
Treatment when ordered
1 prior DUI offense

Upgraded misdemeanor
12 month suspension
30 days to 6 months prison
$750 to $5,000 fine
Alcohol highway safety school
Treatment when ordered
1 year ignition interlock
2 or more prior DUI offenses

1st degree misdemeanor
18 month license suspension
90 days to 5 years prison
$1,500 to $10,000 fine
Treatment when ordered
1 year ignition interlock
3 or more prior DUI offenses

1st degree misdemeanor
18 month license suspension
1 to 5 years prison
$1,500 to $10,000 fine
Treatment when ordered
1 year ignition interlock
High BAC penalties (.10 to .159% BAC)

No prior DUI offenses

Ungraded misdemeanor
12 month license suspension
48 hours to 6 months prison
$500 to $5,000 fine
Alcohol highway safety school
Treatment when ordered
1 prior DUI offense

Ungraded misdemeanor
12 month suspension
30 days to 6 months prison
$750 to $5,000 fine
Alcohol highway safety school
Treatment when ordered
1 year ignition interlock
2 or more prior DUI offenses

1st degree misdemeanor
18 month license suspension
90 days to 5 years prison
$1,500 to $10,000 fine
Treatment when ordered
1 year ignition interlock
3 or more prior DUI offenses

1st degree misdemeanor
18 month license suspension
1 to 5 years prison
$1,500 to $10,000 fine
Treatment when ordered
1 year ignition interlock

--------------------------------------------------------------------------------

The following outlines specific components of the law.

Accelerated Rehabilitative Disposition (ARD) Requires courts to impose suspensions for BAC ARDs based on the following BAC ranges:

Less than .10% - no suspension,
.10% to less than .16 - 30 day suspension, or
.16% and above - 60 day suspension
License Suspensions

Suspensions will be imposed as follows:

BAC below .10% and incapable of safe driving:
No suspension for first offense if the driver meets certain criteria;
12 month license suspension for second or subsequent offense.
BAC greater than or equal to .10% and less than .16%:
12 month license suspension for first and second offense.
18 month suspension for third or subsequent offense.
BAC greater than or equal to .16%:
12 month license suspension for first offense.
18 month suspension for second or subsequent offense.
Out-of-state DUI convictions:
No suspension for first offense; 12 month license
suspension for second or subsequent offense.

[moose81]

Unforunatly I have first hand experience with this. It really depends on the situation and his/her judge. Not sure what the rules are in pa but in oh I was put on 1 year non-reporting probation bascially what happened I had to pay 30 bucks and they told me not to get in trouble in the next year. DUH but i digress there is no easy way to say this but the next 3-6 months of life are going to suck. tell your friend they will get past it and dont drink and drive ITS NOT WORTH IT

[Uturn2001]

Does you friend have a CDL? If so then it is a totally different ball game and he will get a 1 year license suspension upon conviction.

[Jimbpard]

Uturn, he doesnt have a cdl. Though I was thinking about finding a company to let me train him...No chance in that now. 8) One year suspension for first offense? Holy shizit! It's getting more clear to me that it's a good idea for me to always have a designated driver when I go out.

[ohiomohawk]

Uturn, he doesnt have a cdl. Though I was thinking about finding a company to let me train him...No chance in that now. 8) One year suspension for first offense? Holy shizit! It's getting more clear to me that it's a good idea for me to always have a designated driver when I go out.

Yes for the 1st offense, here in Ohio about 3 weeks ago 4 kids who just gradauted high school were killed by a drunk driver who was 22 yrs old, he ran a stop sign.

It was his first offense for driving drunk but he is in jail under a 1 million dollar bond.

That is why they are cracking down so hard.

[Uturn2001]

Yep they are getting tough on CDL holders.

1 year for a 1st DUI
3 year for a 1st DUI if hauling haz mat
Lifetime for second DUI.

With the exception of the haz mat one, the other two do not matter if you are in a CMV or in a private vehicle, only that you are/were a CDL holder at the time of the violation.

In fact with few exceptions there are no longer any differences between the type of vehicle a CDL holder was driving when they commit an offense.

Want more info go to www.fmcsa.gov and look up rule 383.15.

[flood]

Uturn, he doesnt have a cdl. Though I was thinking about finding a company to let me train him...No chance in that now. 8) One year suspension for first offense? Holy shizit! It's getting more clear to me that it's a good idea for me to always have a designated driver when I go out.

and remember that if you have a cdl you will get a DWI for a .04 even if you are driving YOUR car

[kc0iv]

Uturn, he doesnt have a cdl. Though I was thinking about finding a company to let me train him...No chance in that now. 8) One year suspension for first offense? Holy shizit! It's getting more clear to me that it's a good idea for me to always have a designated driver when I go out.

and remember that if you have a cdl you will get a DWI for a .04 even if you are driving YOUR car

I'd be interested in knowing where you found the rule about the .04%. The only one I can find is:

§382.201 Alcohol concentration.

No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No employer having actual knowledge that a driver has an alcohol concentration of 0.04 or greater shall permit the driver to perform or continue to perform safety-sensitive functions.

kc0iv

[flood]

you will not find it in the fmcsa... you need to look at the state reg's this is just one but almost all states have this law http://data.opi.state.mt.us/BILLS/mca/61/8/61-8-805.htm
http://www.ilga.gov/legislation/ilcs...62500050K6-517
http://www.corridorwatch.org/ttc/cw-hb3588-text-08.htm
https://www.revisor.leg.state.mn.us/...=s&num=169A.52
http://www.njlaws.com/commercial_mot...i_with_cdl.htm
39:3-10.13. Alcohol, controlled substance use prohibited Notwithstanding any other provision of law to the contrary, a person shall not operate a commercial motor vehicle in this State with an alcohol concentration of 0.04% or more, or while under the influence of a controlled substance.

most states look at it this way if you have a cdl you are held to a higher standerd no matter what you are driving.

[Windwalker]

Just take it as a rule of thumb. With a CDL, 0.04 or higher, you're screwed. In WI, back in the early 90's, it was written into the CDL manual that if you registered 0.04 or higher, you were DUI. A guy in VA, a couple of months ago, said he got a DUI without ever touching a drop. The troopers found a dusty, old beer can in the vehicle he was driving. With the "OPEN CONTAINER LAW", I can get a DUI, and I quit drinking when I got my CDL. The last alcohol I've had was back in the 80's... I think. Not even sure anymore. :!:

[kc0iv]

you will not find it in the fmcsa... you need to look at the state reg's this is just one but almost all states have this law http://data.opi.state.mt.us/BILLS/mca/61/8/61-8-805.htm
http://www.ilga.gov/legislation/ilcs...62500050K6-517
http://www.corridorwatch.org/ttc/cw-hb3588-text-08.htm
https://www.revisor.leg.state.mn.us/...=s&num=169A.52
http://www.njlaws.com/commercial_mot...i_with_cdl.htm
39:3-10.13. Alcohol, controlled substance use prohibited Notwithstanding any other provision of law to the contrary, a person shall not operate a commercial motor vehicle in this State with an alcohol concentration of 0.04% or more, or while under the influence of a controlled substance.

most states look at it this way if you have a cdl you are held to a higher standerd no matter what you are driving.

If you read the law you quoted ( 39:3-10.13) it says "a person shall not operate a commercial motor vehicle." It doesn't say anything about driving your personal vehicle.

Then if you read 39:3-10.24 you again see the phrase "the person has been operating a commercial motor vehicle with an alcohol concentration of 0.04% or more." Again it refers to the operation of a commercial motor vehicle not a personal vehicle.

Section f. of 39:3-10.24 goes on to make the statement that the courts will decided if the operator had "actual physical control of a commercial motor vehicle."

You will also notice in every example you listed they all refer to while the driver is in control of a commercial motor vehicle. In fact Minnesota is quite clear where it shows the difference between driving a personal vehicle vs a commercial motor vehicle.

kc0iv