Law Office
of
Elizabeth Plasser Kelly
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Traffic Offenses & DUI

 

Liz represents clients with traffic citations and Driving Under the Influence (DUI) and license suspension issues, as well as other related matters. Below, you will find some general information in questions and answer format. It is strongly recommended that you use this information as a general guide only, and that you use it to help you gain effective legal counsel.

I have been arrested for a DUI, will my license be suspended and for how long?

 

Whether you will your driver’s license will be suspended depends on the individual facts of your case.  Generally speaking, your license suspension is based on two factors: 1) whether you have any prior DUIs ; and 2) what your blood alcohol content (BAC) was at the time you were stopped.

 

If this is your first DUI in Chester County, Pennsylvania, and your BAC is less than 0.30, you may be eligible for a program called the Accelerated Rehabilitative Disposition Program or ARD. 


Why should I participate in the ARD Program—why is it good for me?

 

If you are accepted to participate in ARD, and successfully complete the program, you will be eligible for various benefits. For example, you will be able to have your pending charges dismissed, and obtain a clean criminal record.

An individual may be permitted to participate if he/she has led a law abiding life for a substantial period of time before the current offense, and has no history of delinquency or criminal activity.  However, an individual will not be permitted to participate if charged with a crime that involves: firearms, drugs, sexual offenses, breach of public trust, children or the elderly, or any other circumstances which the District Attorney’s office deems inappropriate for participation in the program.

ARD is also not permitted under the following circumstances: you were driving at speeds of 100 miles per hour or more, you had a prior felony conviction at any time, you had a prior ARD/conviction within the last 10 years, if your blood alcohol level was 0.30 or higher, you have a poor driving record, or a person under the age of 14 was present in your car at the time of your arrest.


If you apply for and are approved for participation in ARD, the following chart shows the license suspension penalties:

 

BAC

LICENSE SUSPENSION

 

Less than 0.10%

No License Suspension

0.10% to less than 0.16%

30 Day Suspension

0.16% and Higher

60 Day Suspension


What if this is not my first DUI, will I lose my license?

 

If you are not eligible for ARD, the chart below shows the license suspension penalties for various DUI categories.  It should be noted that if this is a second or subsequent offense, you will be subject to a minimum of a twelve (12) month license suspension.

 

BAC

NO PRIOR DUI

1 PRIOR DUI

2 OR MORE PRIOR DUIs

 

0.08 to 0.099%

No License Suspension

12 Month License Suspension

12 Month License Suspension

0.10 to 0.159%

12 Month License Suspension

12 Month License Suspension

18 Month License Suspension

0.16% and Higher

12 Month License Suspension

18 Month License Suspension

18 Month License Suspension

 

 

This is not my first DUI, what will be happen in addition to losing my license?

If this is your second DUI, generally, you will not be eligible for ARD, and in addition to the suspension referred to in the above table, you may be facing jail time, and various other penalties.  The following chart shows the minimum penalties for various DUI categories:

  

BAC

 

ONE  PRIOR DUI

TWO PRIOR DUIs

 

THREE PRIOR DUIs

0.08 to 0.099%

·   5 Days to 6 Months in Jail

·    $300 to $2,500 Fine

·   Alcohol Highway Safety School

·   Treatment When Ordered

·   1 Year Ignition Interlock

·   10 Days to 2 Years in Jail

·   $500 to $5,000 Fine

·   Alcohol Highway Safety School

·   Treatment When Ordered

·   1 Year Ignition Interlock

 

·   10 Days to 2 Years in Jail

·   $500 to
$5,000 Fine

·   Alcohol Highway Safety School

·   Treatment When Ordered

·   1 Year Ignition Interlock

 

0.10 to 0.159%

·   30 Days to 6 Months in Jail

·   $750 to $5,000 Fine

·   Alcohol Highway Safety School

·   Treatment When Ordered

·   1 Year Ignition Interlock

 

·   90 Days to 5 Years in Jail

·   $1,500 to $10,000 Fine

·   Treatment When Ordered

·   1 Year Ignition Interlock

 

·   1 to 5 Years in Jail

·   $1,500 to $10,000 Fine

·   Treatment When Ordered

·   1 Year Ignition Interlock

 

0.16% and Higher

or  Controlled Substance

·   90 Days to 5 years in Jail

·   $1,500 to $10,00 Fine

·   Alcohol Highway Safety School

·   Treatment When Ordered

·   1 Year Ignition Interlock

 

·   1 to 5 Years in Jail

·   $2,500 to $10,000 Fine

·   Treatment When Ordered

·   1 Year Ignition Interlock

 

·   1 to 5 Years prison

·   $2,500 to $10,000 Fine

·   Treatment When Ordered

·   1 Year Ignition Interlock

 

 

 

If I am not eligible for ARD, is there any other program that may help me?

 

Although you may not be eligible to participate in ARD, if your DUI occurred in Chester County, you may be able to reduce the amount of jail time you are facing by participating in the Intermediate Punishment Program (IPP).

 

The IPP may reduce any jail time, and may require, among other things, electronic home monitoring or participation in a residential treatment program, community service, undergoing a drug and alcohol evaluation and complying with recommended treatment, supervised probation, fines, and installation of an ignition interlock.

 

This is for informational purposes only, and not Legal Advice. You should contact an attorney, prior to make any decisions regarding situations of this type.

Law Office of Elizabeth Plasser Kelly
600 Eagleview Boulevard
Suite 300
Exton, PA 19341

610-738-0779
info@chestercountylaw.com

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