ARE YOU CURRENTLY CHARGED WITH DUI? CALL 412-330-1000!

If so, you are facing a mandatory jail sentence, mandatory fines, court costs and a loss of your driver’s license. You need and deserve an attorney who can give you the best chance of winning your case and/or avoiding jail time. The Pittsburgh Criminal Law Group has lawyers with over 80 years of combined experience representing individuals charged with DUI throughout Western Pennsylvania. The mere fact, however, that you are charged with DUI does not mean that you are guilty or will be convicted. This is true whether or not this is your first, second, third or fourth offense, but this is particularly true if this is your first offense.

DO YOU WANT AN ATTORNEY WITH EXTENSIVE EXPERIENCE AND A VERIFIABLE RECORD OF SUCCESS REPRESENTING CLIENTS CHARGED WITH DUI? CALL 412-330-1000!

The Pittsburgh Criminal Law Group has secured acquittals/dismissals/withdrawals of DUI charges for clients in Allegheny County, Armstrong County, Beaver County, Butler County, Clarion County, Elk County, Jefferson County, Lancaster County, Mercer County, Washington County and Venango County. Our group cannot honestly calculate the number of clients we have represented who were charged with DUI. The number is very high.

In 2016, the United States Supreme Court decided Birchfield v. North Dakota, which held that one cannot be punished for refusing to provide a sample of his blood for testing, in the absence of a warrant and that one cannot be deemed to have voluntarily consented to a blood draw, when threatened with enhanced punishment for refusing to provide such. Pittsburgh Criminal Attorney Robert E. Mielnicki, has been advancing this argument since 2014! Commonwealth v Evans, 153 A.3d 323 (Pa. Super. 2016) and Commonwealth v Carley, 2017 WL 1476309 (Pa.Super. 2017).

DO YOU WANT AN ATTORNEY WHO KNOWS EACH AND EVERY POSSIBLE DEFENSE TO A DUI CHARGE? CALL 412-330-1000!

The 2004 amendments to Pennsylvania’s DUI Laws provided somewhat more lenient treatment for first time offenders. Overall, Pennsylvania’s new DUI Laws provided harsher penalties for all but first time offenders and made it much tougher for a person charged with DUI to win their case. For instance, the Commonwealth no longer has to prove that a person’s blood alcohol content was above the legal limit at the time of driving. The Commonwealth merely has to prove that a breath or blood sample obtained within two hours of driving was above the legal limit. For individuals charged with DUI, based upon the ingestion of non-prescribed and some prescribed controlled substances, the Commonwealth does not have to prove that the person’s driving was actually affected by the drugs at the time of driving. Moreover, individuals charged with a first offense do not get a jury trial and only those individuals charged with a second offense whose BAC (blood alcohol content) is alleged to be above.16, are accused of ingesting controlled substances prior to driving or refused chemical testing, get a jury trial. Most successful defenses, but not all, to a DUI charge after the 2004 amendments, are based on legal arguments (validity of stop, inability to prove the breath or blood sample was obtained within two hours of driving, inaccuracy of breath testing device, validity of warnings provided at the time the breath or blood sample was requested and several others). Attorney Robert E. Mielnicki has taught classes on “DUI Strategies” and is a respected appellate lawyer, having argued before the Pennsylvania Superior Court, Pennsylvania Commonwealth Court, the Pennsylvania Supreme Court and the United States Third Circuit Court of Appeals. He is licensed to practice before the United States Supreme Court.

YOU NEED AN EXPERIENCED DUI ATTORNEY – YOU DESERVE TO BE CHARGED A FAIR FEE-CALL 412-330-1000!

DUI is a crime and you could retain the services of any criminal defense attorney. A defense attorney with extensive experience in handling DUI cases greatly increases your chances of being found not guilty and/or avoiding jail time. A defense attorney who is familiar with not only the law pertaining to DUI in Pennsylvania, but also with the breath machines utilized to determine blood alcohol content and the requirements the police must follow in utilizing such machines, greatly increases your chance of being found not guilty. An attorney who has knowledge of the procedures that must be followed when the police obtain a blood sample by hospital staff and the labs that eventually conduct the analysis of a blood sample greatly increases your chances of being found not guilty and/or avoiding jail time. Our attorneys pride themselves in reading the newest appellate court decisions, as they come out, and we have extensive experience before the Pennsylvania Commonwealth Court, the Pennsylvania Superior Court and the Pennsylvania Supreme Court. Our attorneys have a firm understanding of the law, which will greatly increase your chances of being found not guilty or avoiding jail time. The Pittsburgh Criminal Law Group’s attorneys are such attorneys. Attorney Robert E. Mielnicki has taught classes on “DUI Strategies” for Lorman Education Services to other attorneys and he advises and teaches all the attorneys in the Pittsburgh Criminal Law Group.

Our attorneys will provide you with a free consultation during which he will provide you with an honest assessment of your chances of winning your case. We will charge you a reasonable fee if you decide to fight the charges and an even more reasonable fee if you decide that you wish to pursue ARD (first time offenders) or pursue a plea agreement such as house arrest if this is not your first offense.

In Pennsylvania, a person will be charged with drunk driving if he/she has a blood alcohol content (BAC) of .08% or higher. Below is a table illustrating the minimum DUI penalties in Pennsylvania.

If convicted of DUI, a person can lose their driver’s license for a specified period of time as a result of being charged and/or convicted of drunk driving. There is no mandatory minimum license suspension requirements for a first time DUI offense with a BAC of .08%. A BAC range of .10% to .16% carries a 1 year license suspension. If a driver refused to submit to a roadside breathalyzer test, his/her driver’s license will be automatically suspended for 1 year.

DUI RESOURCES – DUI PENALTIES

GENERAL IMPAIRMENT PENALTIES (UNDETERMINED BAC, .08 TO .099% BAC)

• No prior DUI offenses
• Ungraded misdemeanor
• Up to six (6) months probation
• $300 fine
• 1 prior DUI offense
• Ungraded misdemeanor
• 12 month license suspension
• 5 days to 6 months jail time
• $300 to $2,500 fine
• I 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
• I year ignition interlock

HIGH BAC PENALTIES (.10 TO .159% BAC), ACCIDENTS

• No prior DUI offenses
• Ungraded misdemeanor
• 12 month license suspension
• 48 hours to 6 months prison
• $500 to $5,000 fine
• 1 prior DUI offense
• Ungraded misdemeanor
• 12 month suspension
• 30 days to 6 months prison
• $750 to $5,000 fine
• 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
• 1 year ignition interlock
• 3 or more prior DUI offenses
• 1st degree misdemeanor
• 18 month license suspension
• 1 to 5 years in prison
• $1,500 to $10,000 fine
• 1 year ignition interlock

HIGHEST BAC PENALTIES (.16 AND HIGHER) OR CONTROLLED SUBSTANCE)

• No prior DUI offenses
• Ungraded misdemeanor
• 12 month license suspension
• 72 hours to 6 months prison
• $1,000 to $5,000 fine
• 1 prior DUI offense
• 1st degree misdemeanor
• 18 month license suspension
• 90 days to 5 years prison
• $1,500 to $10,000 fine
• 1 year ignition interlock
• 2 or more prior DUI offenses
• 1st degree misdemeanor
• 18 month license suspension
• 1 to 5 years in prison
• $2,500 to $10,000 fine
• 1 year ignition interlock

Following the decision of the United States Supreme Court in Birchfield v. North Dakota, it is unlikely that you will be sentenced as a highest tier offender if you refused to provide blood following your arrest.

– Ignition Interlock FAQs
– Pennsylvania Approved Pre-Arrest Breath Testing Equipment
– Pennsylvania Breath Testing Requirements
– Pennsylvania OLL Fact Sheet
– Pennsylvania Point System

75 Pa.C.S.A. § 3802. Driving under influence of alcohol or controlled substance

(a) General impairment.– (1) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.

(2) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is at least 0.08% but less than 0.10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.(b) High rate of alcohol.–An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is at least 0.10% but less than 0.16% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.(c) Highest rate of alcohol.–An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is 0.16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

(d) Controlled substances.– An individual may not drive, operate or be in actual physical control of the movement of a vehicle under any of the following circumstances:

(1) There is in the individual’s blood any amount of a: (i) Schedule I controlled substance, as defined in the act of April 14, 1972 (P.L. 233, No. 64),¹ known as The Controlled Substance, Drug, Device and Cosmetic Act;(ii) Schedule II or Schedule III controlled substance, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, which has not been medically prescribed for the individual; or(iii) metabolite of a substance under subparagraph (i) or (ii).

(2) The individual is under the influence of a drug or combination of drugs to a degree which impairs the individual’s ability to safely drive, operate or be in actual physical control of the movement of the vehicle.

(3) The individual is under the combined influence of alcohol and a drug or combination of drugs to a degree which impairs the individual’s ability to safely drive, operate or be in actual physical control of the movement of the vehicle.

(4) The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. § 7303 (relating to sale or illegal use of certain solvents and noxious substances).

(e) Minors.– A minor may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the minor’s blood or breath is 0.02% or higher within two hours after the minor has driven, operated or been in actual physical control of the movement of the vehicle.

(f) Commercial or school vehicles.– An individual may not drive, operate or be in actual physical control of the movement of a commercial vehicle, school bus or school vehicle in any of the following circumstances:

(1) After the individual has imbibed a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is:
(i) 0.04% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a commercial vehicle other than a school bus or a school vehicle.
(ii) 0.02% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a school bus or a school vehicle.

(2) After the individual has imbibed a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.

(3) While the individual is under the influence of a controlled substance or combination of controlled substances, as defined in section 1603 (relating to definitions).

(4) While the individual is under the combined influence of alcohol and a controlled substance or combination of controlled substances, as defined in section 1603.

(g) Exception to two-hour rule.– Notwithstanding the provisions of subsection (a), (b), (c), (e) or (f), where alcohol or controlled substance concentration in an individual’s blood or breath is an element of the offense, evidence of such alcohol or controlled substance concentration more than two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle is sufficient to establish that element of the offense under the following circumstances:

(1) where the Commonwealth shows good cause explaining why the chemical test sample could not be obtained within two hours; and

(2) where the Commonwealth establishes that the individual did not imbibe any alcohol or utilize a controlled substance between the time the individual was arrested and the time the sample was obtained.

75 Pa.C.S.A. § 3804. Penalties

(a) General impairment.– Except as set forth in subsection (b) or (c), an individual who violates section 3802(a) (relating to driving under influence of alcohol or controlled substance) shall be sentenced as follows:

(1) For a first offense, to:
(i) undergo a mandatory minimum term of six months’ probation;
(ii) pay a fine of $300;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 (relating to drug and alcohol assessments) and 3815 (relating to mandatory sentencing).

(2) For a second offense, to:
(i) undergo imprisonment for not less than five days;
(ii) pay a fine of not less than $300 nor more than $2,500;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

(3) For a third or subsequent offense, to:
(i) undergo imprisonment of not less than ten days;
(ii) pay a fine of not less than $500 nor more than $5,000; and
(iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

(b) High rate of blood alcohol; minors; commercial vehicles and school buses and school vehicles; accidents.– Except as set forth in subsection (c), an individual who violates section 3802(a)(1) where there was an accident resulting in bodily injury, serious bodily injury or death of any person or damage to a vehicle or other property or who violates section 3802(b), (e) or (f) shall be sentenced as follows:

(1) For a first offense, to:
(i) undergo imprisonment of not less than 48 consecutive hours;
(ii) pay a fine of not less than $500 nor more than $5,000;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

(2) For a second offense, to:
(i) undergo imprisonment of not less than 30 days;
(ii) pay a fine of not less than $750 nor more than $5,000;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

(3) For a third offense, to:
(i) undergo imprisonment of not less than 90 days;
(ii) pay a fine of not less than $1,500 nor more than $10,000; and
(iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

(4) For a fourth or subsequent offense, to:
(i) undergo imprisonment of not less than one year;
(ii) pay a fine of not less than $1,500 nor more than $10,000; and
(iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

(c) Incapacity; highest blood alcohol; controlled substances.– An individual who violates section 3802(a)(1) and refused testing of breath under section 1547 (relating to chemical testing to determine amount of alcohol or controlled substance) or testing of blood pursuant to a valid search warrant or an individual who violates section 3802(c) or (d) shall be sentenced as follows:

(1) For a first offense, to:
(i) undergo imprisonment of not less than 72 consecutive hours;
(ii) pay a fine of not less than $1,000 nor more than $5,000;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

(2) For a second offense, to:
(i) undergo imprisonment of not less than 90 days;
(ii) pay a fine of not less than $1,500;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

(3) For a third or subsequent offense, to:
(i) undergo imprisonment of not less than one year;
(ii) pay a fine of not less than $2,500; and
(iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

(c.1) Violation involving minor occupant.– An individual who violates section 3803(b)(5) (relating to grading), in addition to any penalty imposed in this chapter, shall be sentenced as follows:

(1) For a first offense, to:
(i) pay a fine of not less than $1,000; and
(ii) complete 100 hours of community service.

(2) For a second offense, to:
(i) pay a fine of not less than $2,500; and
(ii) undergo imprisonment of not less than one month nor more than six months.

(3) For a third or subsequent offense, undergo imprisonment of not less than six months nor more than two years.

(d) Extended supervision of court.– If a person is sentenced pursuant to this chapter and, after the initial assessment required by section 3814(1), the person is determined to be in need of additional treatment pursuant to section 3814(2), the judge shall impose a minimum sentence as provided by law and a maximum sentence equal to the statutorily available maximum. A sentence to the statutorily available maximum imposed pursuant to this subsection may, in the discretion of the sentencing court, be ordered to be served in a county prison, notwithstanding the provisions of 42 Pa.C.S. § 9762 (relating to sentencing proceeding; place of confinement).

(e) Suspension of operating privileges upon conviction.– (1) The department shall suspend the operating privilege of an individual under paragraph

(2) upon receiving a certified record of the individual’s conviction of or an adjudication of delinquency for:
(i) an offense under section 3802; or
(ii) an offense which is substantially similar to an offense enumerated in section 3802 reported to the department under Article III of the compact in section 1581 (relating to Driver’s License Compact).

(2) Suspension under paragraph (1) shall be in accordance with the following:
(i) Except as provided for in subparagraph (iii), 12 months for an ungraded misdemeanor or misdemeanor of the second degree under this chapter.
(ii) 18 months for a misdemeanor of the first degree under this chapter.
(iii) There shall be no suspension for an ungraded misdemeanor under section 3802(a) where the person is subject to the penalties provided in subsection (a) and the person has no prior offense.
(iv) For suspensions imposed under paragraph (1)(ii), notwithstanding any provision of law or enforcement agreement to the contrary, all of the following apply:
(A) Suspensions shall be in accordance with Subchapter D of Chapter 15 (relating to the Driver’s License Compact).
(B) In calculating the term of a suspension for an offense that is substantially similar to an offense enumerated in section 3802, the department shall presume that if the conduct reported had occurred in this Commonwealth then the person would have been convicted under section 3802(a)(2).
(v) Notwithstanding any other provision of law or enforcement agreement to the contrary, the department shall suspend the operating privilege of a driver for six months upon receiving a certified record of a consent decree granted under 42 Pa.C.S. Ch. 63 (relating to juvenile matters) based on section 3802.

(f) Community service assignments.– In addition to the penalties set forth in this section, the sentencing judge may impose up to 150 hours of community service. Where the individual has been ordered to drug and alcohol treatment pursuant to sections 3814 and 3815, the community service shall be certified by the drug and alcohol treatment program as consistent with any drug and alcohol treatment requirements imposed under sections 3814 and 3815.

(f.1) Victim impact panels.– (1) In addition to any other penalty imposed under this section, the court may order a person who violates section 3802 to attend a victim impact panel program.

(2) A victim impact panel program shall provide a nonconfrontational forum for driving under the influence crash victims, their family members, their friends or other pertinent persons to speak to driving under the influence offenders about the impact of the crash on victims’ lives and on the lives of families, friends and neighbors.

(3) A victim impact panel shall be administrated through the local office of probation and parole or other office as the court shall determine and shall be operated in consultation with the Mothers Against Drunk Driving – Pennsylvania State Organization.

(4) A victim impact panel program may assess a reasonable participation fee to achieve program self-sufficiency but may not operate for profit. The department shall establish an acceptable range of fees.

(5) The department shall develop standards and incentives to encourage counties to establish victim impact panel programs. In developing these standards, the department shall establish and chair a coordinating committee among pertinent agencies and organizations, including the Department of Health, the Pennsylvania Commission on Crime and Delinquency, the Office of Victim Advocate, the Administrative Office of Pennsylvania Courts, county officials, the Mothers Against Drunk Driving – Pennsylvania State Organization and the Pennsylvania DUI Association. The standards shall address items including all of the following:
(i) Prototype design and structure standards for victim impact panels.
(ii) Training standards and curricula for presenters, facilitators and administrators.
(iii) Operations policy and guidelines manual.
(iv) Evaluation standards, design and structure allowing for the tracking and analysis of recidivism data.
(v) Standards for counseling and debriefing activities for victim presenters.
(vi) Standards for reimbursing reasonable costs to victims for participation in panels.
(vii) Assistance to counties through coordinating potential Federal and State funding streams to carry out this subsection and to assist counties as may be needed.

(g) Sentencing guidelines.– The sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory penalties of this section.

(h) Appeal.– The Commonwealth has the right to appeal directly to the Superior Court any order of court which imposes a sentence for violation of this section which does not meet the requirements of this section. The Superior Court shall remand the case to the sentencing court for imposition of a sentence in accordance with the provisions of this section.

(i) First class cities.– Notwithstanding the provision for direct appeal to the Superior Court, if, in a city of the first class, a person appeals from a judgment of sentence under this section from the municipal court to the common pleas court for a trial de novo, the Commonwealth shall have the right to appeal directly to the Superior Court from the order of the common pleas court if the sentence imposed is in violation of this section. If, in a city of the first class, a person appeals to the court of common pleas after conviction of a violation of this section in the municipal court and thereafter withdraws his appeal to the common pleas court, thereby reinstating the judgment of sentence of the municipal court, the Commonwealth shall have 30 days from the date of the withdrawal to appeal to the Superior Court if the sentence is in violation of this section.

(j) Additional conditions.– In addition to any other penalty imposed under law, the court may sentence a person who violates section 3802 to any other requirement or condition consistent with the treatment needs of the person, the restoration of the victim to preoffense status or the protection of the public.
(k) Nonapplicability.– Except for subsection (e), this section shall not apply to dispositions resulting from proceedings under 42 Pa.C.S. Ch. 63.

75 Pa.C.S.A. § 3805. Ignition interlock

(a) General rule.– Except as provided under subsection (a.1), if a person violates section 3802 (relating to driving under influence of alcohol or controlled substance) or has had their operating privileges suspended pursuant to section 1547 (relating to chemical testing to determine amount of alcohol or controlled substance) or 3808(c) (relating to illegally operating a motor vehicle not equipped with ignition interlock) and the person seeks a restoration of operating privileges, the department shall require as a condition of issuing a restricted license pursuant to this section that the following occur:

(1) Any motor vehicle to be operated by the individual has been equipped with an ignition interlock system and remains so for the duration of the restricted license period.

(2) If there are no motor vehicles owned or to be operated by the person or registered to the person that the person so certify to the department in accordance with the department’s regulations.

(a.1) Exception.– Subsection (a) shall not apply to an individual who meets all of the following:

(1) Is subject to the penalties under section 3804(a)(1) (relating to penalties) or subject to mandatory suspension of operating privilege under section 3807(d) (relating to Accelerated Rehabilitative Disposition).

(2) Has not had a prior offense, as defined under section 3806 (relating to prior offenses).

(b) Application for a restricted license.– A person subject to this section shall apply to the department for an ignition interlock restricted license under section 1951 (relating to driver’s license and learner’s permit), which shall be clearly marked to restrict the person to only driving, operating or being in actual physical control of the movement of motor vehicles equipped with an ignition interlock system. Upon issuance of an ignition interlock restricted license to any person, the department shall notify the person that until the person obtains an unrestricted license the person may not drive, operate or be in actual physical control of the movement of any motor vehicle which is not equipped with an ignition interlock system.

(c) Issuance of unrestricted license.– One year from the date of issuance of an ignition interlock restricted license under this section, if otherwise eligible, a person may be issued a replacement license under section 1951(d) that does not contain the ignition interlock system restriction. The department shall not issue an unrestricted license until a person has presented all of the following:

(1) Proof that the person has completed the ignition interlock restricted license period under this section.

(2) Certification by the vendor that provided the ignition interlock device that the person has complied with subsection (h.2).

(d) Prohibition.– Except as set forth in subsections (e) and (f), until the person obtains an unrestricted license, the person may not own, register, drive, operate or be in actual physical control of the movement of any motor vehicle within this Commonwealth unless the motor vehicle is equipped with an ignition interlock system.

(e) Economic hardship exemption.– A person subject to the requirements of subsection (a) may apply to the department for a hardship exemption to the requirement that an ignition interlock system must be installed in each of the person’s motor vehicles. Where the department determines that the applicant establishes that such a requirement would result in undue financial hardship, the department may permit the applicant to install an ignition interlock system on only one of the applicant’s motor vehicles. However, the applicant in accordance with section 3808 (relating to illegally operating a motor vehicle not equipped with ignition interlock) shall be prohibited from driving, operating or being in actual physical control of the movement of any motor vehicle, including any of the applicant’s motor vehicles, which is not equipped with an ignition interlock system.

(f) Employment exemption.– If a person with a restricted license is required in the course and scope of employment to drive, operate or be in actual physical control of the movement of a motor vehicle owned by the person’s employer, the following apply:

(1) Except as set forth in paragraph (2), the person may drive, operate or be in actual physical control of the movement of that motor vehicle in the course and scope of employment without installation of an ignition interlock system if:
(i) the employer has been notified that the employee is restricted; and
(ii) the employee has proof of the notification in the employee’s possession while driving, operating or being in actual physical control of the movement of the employer’s motor vehicle. Proof of the notification may be established only by the notarized signature of the employer acknowledging notification on a form which shall be provided by the department for this purpose and shall include a contact telephone number of the employer.

(2) Paragraph (1) does not apply in any of the following circumstances:
(i) To the extent that an employer-owned motor vehicle is made available to the employee for personal use.
(ii) If the employer-owned motor vehicle is owned by an entity which is wholly or partially owned or controlled by the person subject to this section.
(iii) If the employer-owned motor vehicle is a school bus; a school vehicle; or a vehicle designed to transport more than 15 passengers, including the driver.

(g) Prohibition of authorization.– This section shall not give the department authorization to impose an ignition interlock requirement on a person that has committed an offense under former section 3731 prior to October 1, 2003, without the issuance of a court order.

(h) Department approval.– An ignition interlock system required to be installed under this title must be a system which has been approved by the department. The department’s approval of ignition interlock systems shall be published in the Pennsylvania Bulletin. Systems approved for use under former 42 Pa.C.S. § 7002(d) (relating to ignition interlock systems for driving under the influence) and any contracts for the installation, maintenance and inspection of the systems in effect as of the effective date of this section shall continue to be approved and in effect until the department again publishes approval of ignition interlock systems in the Pennsylvania Bulletin and enters into new contracts in support of the systems.

(h.1) Mobile installation services.– (1) Approved service providers of department-certified manufacturers of ignition interlock systems shall be permitted to provide mobile installation of ignition interlock systems within this Commonwealth.

(2) Mobile installation of ignition interlock systems shall be held to the same security and procedural standards as provided in specifications of the department.

(3) Approved service providers of mobile installation of ignition interlock systems shall not permit the program participant or any unauthorized personnel to witness the installation of the ignition interlock system.

(4) Regular maintenance of ignition interlocks after mobile installation shall be performed according to the specifications established by the department.

(h.2) Declaration of compliance.– Restrictions imposed under section 1556 (relating to ignition interlock limited license) shall remain in effect until the department receives a declaration from the person’s ignition interlock device vendor, in a form provided or approved by the department, certifying that the following incidents have not occurred in the two consecutive months prior to the date entered on the certificate:

(1) An attempt to start the vehicle with a breath alcohol concentration of 0.08% or more, not followed within 10 minutes by a subsequent attempt with a breath alcohol concentration lower than 0.08%.

(2) Failure to take or pass any required retest.

(3) Failure of the person to appear at the ignition interlock system vendor when required for maintenance, repair, calibration, monitoring, inspection or replacement of the device such that the ignition interlock system no longer functions as required under subsection (h).

(i) Offenses committed during a period for which an ignition interlock restricted license has been issued.– Except as provided in sections 1547(b.1) and 3808(c) (relating to illegally operating a motor vehicle not equipped with ignition interlock), any driver who has been issued an ignition interlock restricted license and as to whom the department receives a certified record of a conviction of an offense for which the penalty is a cancellation, disqualification, recall, suspension or revocation of operating privileges shall have the ignition interlock restricted license recalled, and the driver shall surrender the ignition interlock restricted license to the department or its agents designated under the authority of section 1540 (relating to surrender of license). Following the completion of the cancellation, disqualification, recall, suspension or revocation which resulted in the recall of the ignition interlock restricted license, the department shall require that the person complete the balance of the ignition interlock restricted license period previously imposed prior to the issuance of a replacement license under section 1951(d) that does not contain an ignition interlock restriction.

(a) General rule.– Except as set forth in subsection (b), the term “prior offense” as used in this chapter shall mean any conviction for which judgement of sentence has been imposed, adjudication of delinquency, juvenile consent decree, acceptance of Accelerated Rehabilitative Disposition or other form of preliminary disposition before the sentencing on the present violation for any of the following:

(1) an offense under section 3802 (relating to driving under influence of alcohol or controlled substance);
(2) an offense under former section 3731;
(3) an offense substantially similar to an offense under paragraph (1) or (2) in another jurisdiction; or
(4) any combination of the offenses set forth in paragraph (1), (2) or (3).

(b) Timing.– (1) For purposes of sections 1553(d.2) (relating to occupational limited license), 1556 (relating to ignition interlock limited license), 3803 (relating to grading), 3804 (relating to penalties) and 3805 (relating to ignition interlock), the prior offense must have occurred:(i) within 10 years prior to the date of the offense for which the defendant is being sentenced; or(ii) on or after the date of the offense for which the defendant is being sentenced.

(2) The court shall calculate the number of prior offenses, if any, at the time of sentencing.

(3) If the defendant is sentenced for two or more offenses in the same day, the offenses shall be considered prior offenses within the meaning of this subsection.

75 Pa.C.S.A § 3807. Accelerated Rehabilitative Disposition

(a) Eligibility.– (1) Except as set forth in paragraph (2), a defendant charged with a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) may be considered by the attorney for the Commonwealth for participation in an Accelerated Rehabilitative Disposition program in a county if the program includes the minimum requirements contained in this section.

(2) The attorney for the Commonwealth shall not submit a charge brought under this chapter for Accelerated Rehabilitative Disposition if any of the following apply:

(i) The defendant has been found guilty of or accepted Accelerated Rehabilitative Disposition of a charge brought under section 3802 within ten years of the date of the current offense unless the charge was for an ungraded misdemeanor under section 3802(a)(2) and was the defendant’s first offense under section 3802.
(ii) An accident occurred in connection with the events surrounding the current offense and an individual other than the defendant was killed or suffered serious bodily injury as a result of the accident.
(iii) There was a passenger under 14 years of age in the motor vehicle the defendant was operating.

(b) Evaluation and treatment.– (1) A defendant offered Accelerated Rehabilitative Disposition for a violation of section 3802 is, as a condition of participation in the program, subject to the following requirements in addition to any other conditions of participation imposed by the court:
(i) The defendant must attend and successfully complete an alcohol highway safety school established under section 1549 (relating to establishment of schools). A participating defendant shall be given both oral and written notice of the provisions of section 1543(b) (relating to driving while operating privilege is suspended or revoked).
(ii) Prior to receiving Accelerated Rehabilitative Disposition or other preliminary disposition, the defendant must be evaluated under section 3816(a) (relating to requirements for driving under influence offenders) to determine the extent of the defendant’s involvement with alcohol or other drug and to assist the court in determining what conditions of Accelerated Rehabilitative Disposition would benefit the defendant and the public. If the evaluation indicates there is a need for counseling or treatment, the defendant shall be subject to a full assessment for alcohol and drug addiction in accordance with the provisions of section 3814(3) and (4) (relating to drug and alcohol assessments).
(iii) If the defendant is assessed under subparagraph (ii) to be in need of treatment, the defendant must participate and cooperate with a licensed alcohol or drug addiction treatment program. The level and duration of treatment shall be in accordance with the recommendations of the full assessment. Nothing in this subparagraph shall prevent a treatment program from refusing to accept a defendant if the program administrator deems the defendant to be inappropriate for admission to the program. A treatment program shall retain the right to immediately discharge into the custody of the probation officer an offender who fails to comply with program rules and treatment expectations or refuses to constructively engage in the treatment process.
(iv) The defendant must remain subject to court supervision for at least six months, but not more than 12 months.
(v) The defendant must make restitution to any person that incurred determinable financial loss as a result of the defendant’s actions which resulted in the offense. Restitution must be subject to court supervision.
(vi) The defendant must pay the reasonable costs of a municipal corporation in connection with the offense. Fees imposed under this subparagraph shall be distributed to the affected municipal corporation.
(vii) The defendant must pay any other fee, surcharge or cost required by law. Except as set forth in subparagraph (vi), (viii) or (ix), a fee or financial condition imposed by a judge as a condition of Accelerated Rehabilitative Disposition or any other preliminary disposition of any charge under this chapter shall be distributed as provided for in 42 Pa.C.S. §§ 3571 (relating to Commonwealth portion of fines, etc.) and 3573 (relating to municipal corporation portion of fines, etc.).
(viii) The defendant must pay the costs of compliance with subparagraphs (i), (ii) and (iii).
(ix) The defendant shall pay a cost of $25 which shall be forwarded to the State Treasurer for deposit in the Emergency Medical Services Operating Fund.

(2) The defendant shall be subject to a full assessment for alcohol and drug addiction if any of the following apply:
(i) The evaluation under paragraph (1)(ii) indicates a likelihood that the defendant is addicted to alcohol or other drugs.
(ii) The defendant’s blood alcohol content at the time of the offense was at least 0.16%.

(3) The assessment under paragraph (2) shall be conducted by one of the following:
(i) The Department of Health or its designee.(ii) The county agency with responsibility for county drug and alcohol programs or its designee.
(iii) The clinical personnel of a facility licensed by the Department of Health for the conduct of drug and alcohol addiction treatment programs.

(4) The assessment under paragraph (2) shall consider issues of public safety and shall include recommendations for all of the following:
(i) Length of stay.
(ii) Levels of care.
(iii) Follow-up care and monitoring.

(c) Insurance.– (1) This subsection shall only apply to a health insurance, health maintenance organization or other health plan required to provide benefits under section 602-A of the act of May 17, 1921 (P.L. 682, No. 284)¹, known as The Insurance Company Law of 1921.

(2) If an individual who is insured by a health insurance, a health maintenance organization or other health plan, that is doing business in this Commonwealth, the individual may not be deprived of alcohol and other drug abuse and addiction treatment or coverage within the scope of that plan due to the identification of an alcohol or other drug problem which occurs as a result of an assessment under this section.

(d) Mandatory suspension of operating privileges.– As a condition of participation in an Accelerated Rehabilitative Disposition program, the court shall order the defendant’s license suspended as follows:

(1) There shall be no license suspension if the defendant’s blood alcohol concentration at the time of testing was less than 0.10%.

(2) For 30 days if the defendant’s blood alcohol concentration at the time of testing was at least 0.10% but less than 0.16%.

(3) For 60 days if:
(i) the defendant’s blood alcohol concentration at the time of testing was 0.16% or higher;
(ii) the defendant’s blood alcohol concentration is not known;
(iii) an accident which resulted in bodily injury or in damage to a vehicle or other property occurred in connection with the events surrounding the current offense; or
(iv) the defendant was charged pursuant to section 3802(d).

(4) For 90 days if the defendant was a minor at the time of the offense.

(e) Failure to comply.– (1) A defendant who fails to complete any of the conditions of participation contained in this section shall be deemed to have unsuccessfully participated in an Accelerated Rehabilitative Disposition program, and the criminal record underlying participation in the program shall not be expunged.

(2) The court shall direct the attorney for the Commonwealth to proceed on the charges as prescribed in the Rules of Criminal Procedure if the defendant:
(i) fails to meet any of the requirements of this section;
(ii) is charged with or commits an offense under 18 Pa.C.S. (relating to crimes and offenses); or
(iii) violates any other condition imposed by the court.