In Pennsylvania, most DUI offenses are misdemeanors, but become a felony under certain circumstances, based upon the number of prior DUIs the person had, and the type of DUI offense charged presently.  The most common one is the person has 2 prior convictions for DUI based on alcohol in the highest tier or controlled substance and now has a 3rd offense, in which case it’s a 3rd-degree felony.  A person with a 3rd-degree felony DUI faces up to 7 years in prison.  A new higher felony (2nd degree) was added in 2022 that applies to a person with 3 prior DUI convictions.  A person with a 2nd-degree felony DUI faces up to 10 years in prison.  The facts and details of the current and prior offenses dictate whether it becomes a felony. 

No, you are not required to get a lawyer. You can always represent yourself. Whether you are granted ARD depends on what county you are charged in. ARD is offered at the discretion of the District Attorney. No judge can tell the District Attorney to offer it, and the police can not control who gets ARD. However, the District Attorney relies heavily sometimes on the opinion of the police. ARD is usually a huge benefit for most people because it guarantees that the person remains out of prison, is placed on light probation supervision, gets the case ultimately dismissed once ARD is completed, and then the whole matter can be expunged (wiped clean).

The district attorneys in different counties treat ARD differently. For example, in some counties, ARD is strictly one-time only. This means that if you got ARD for a DUI, you can’t get it separately for a drug possession charge in a new case. In other counties, you can get ARD for one minor criminal offense, and still get ARD again if you get a DUI case. And in other counties, you can get ARD for a DUI, and get ARD for another DUI if it happens more than 10 years later.

There are so many variables that the District Attorney considers when someone is applying for ARD, but they include things like the person’s overall criminal record—as a juvenile and as a adult in every jurisdiction, the nature of the current offense in terms of whether it was violent in nature and felony versus misdemeanor, whether weapons or threats were involved, whether people were actually hurt—physically, emotionally, or financially, whether restitution is owed and can repair the damage to the victim, the personal background of the person (i.e. education level, military service), whether the victim is a family member and the attitude of the victim, as well as many other factors.

I have had many cases in the past in which the District Attorney was originally not going to give ARD, but after I became involved, the District Attorney changed his or her mind. Sometimes that is simply a matter of bringing more things to light that were not known to the District Attorney or police in considering ARD. On other occasions, I have had District Attorneys offer ARD to my client as a compromise, because the client had no prior criminal record and really felt that he or she was not responsible for the current charge, but wanted to avoid the cost and risk of a trial.

So the answer is–no, you are never required to get a lawyer for any case. You have a constitutional right to represent yourself in any criminal case. Of course, that’s not a good idea, but people do try to do it. My basic advice on that is I ALWAYS recommend to anyone that has a criminal case—including traffic charges and citations for minor offenses—to get a lawyer who specializes in criminal defense. The family attorney who handled your will and a relative’s divorce is not the lawyer that would be handling criminal matters. Conversely, if someone contacts me because they have a complicated business contract, or a dispute with an insurance company, or a tax problem, I send them to colleagues who handle those matters because I wouldn’t be able to advise them properly.

If you are charged with an offense and you’d like to explore the possibility of ARD, get a lawyer right away because there are certain things you should be doing at the beginning of the case to put yourself in the best position for achieving ARD later in the case.

To discuss the possibility of ARD and other options in your case, call me to consult at 484-695-7023.

People sometimes ask me “can you get a DUI on a bike?” Usually they are asking out of
curiosity. The answer in Pa is, surprisingly, yes! A “vehicle” in Pa is defined as a device which
can transport a person. This means you can get a DUI on a boat, a bike, or even a skateboard or
scooter. Now, does that mean police go around looking to bust people for DUI on a bike?
Almost never. The most common place would be near high schools and colleges where younger
people might be using these items and be intoxicated. Just remember, police need to observe a
violation of the traffic laws to pull you over, even on a bike, unless they have probable cause to
know you’ve violated the law.

There are a few answers to this one. A DUI is a criminal case and you are fingerprinted for it so
it remains there if you are convicted (found guilty or plead guilty). If it is entirely dismissed, you
can seek to get the record of arrest and charges expunged. But you cannot expunge a conviction.
If you meet all the qualifications for ARD as a first offender and successfully complete ARD, it
can be expunged and in certain counties in Pa, will be automatically expunged. Sometimes law
enforcement can still know you had a prior DUI even after an expungement, especially because
DUIs usually cause license suspensions, so your driving record might still reflect something that
would suggest to police or the district attorney that there was a prior DUI case. This is a
complicated topic and best to discuss with your attorney.

There is no real difference. Some states use DWI, which stands for Driving while Intoxicated.
In Pa, we call it a DUI, which is Driving under the influence. It’s just a difference in words only.
But, the statutes governing DWI/DUI do differ from state to state. For example, many people in
New Jersey who have a 1 st DUI wind up with a fine and license suspension—with no jail,
probation or house arrest. In Pa, this is not possible for a 1 st DUI because in Pa, 1 st offenses are
either offered ARD, which is a first offender probation program, or people plead guilty and face
mandatory jail time with probation/parole following. (Of course, they have a right to challenge
the case as well). There are many other differences between states as well. So, don’t focus on
the DWI/DUI wording, but do focus on what the sentencing exposure is for the state where you
are charged.