DUI

DUI Fact Sheet – Pennsylvania

At Keller, Lisgar & Williams, our criminal defense team—led by Partner Robert C. Keller and Associates Annemarie Ward and Darryl Shorter—is committed to protecting the rights of individuals facing DUI charges across Southeastern Pennsylvania. With decades of combined experience and recognition as leaders in criminal defense, our attorneys provide aggressive, informed, and compassionate representation in DUI cases throughout Delaware, Philadelphia, Chester, Bucks, and Montgomery Counties.

We understand that a DUI arrest can be overwhelming. This fact sheet outlines the key aspects of Pennsylvania DUI law, recent legal developments, and what to expect during the court process.

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Understanding DUI in Pennsylvania

Legal Definition

Under 75 Pa. Cons. Stat. § 3802, DUI is defined as operating or being in actual physical control of a vehicle while:

Impaired by alcohol or drugs,
Having a Blood Alcohol Content (BAC) of 0.08% or higher, or
Having any amount of a controlled substance in your system.

Court Process Overview

Arrest & Chemical Testing – BAC determined via breath, blood, or urine.
Preliminary Hearing – Judge reviews evidence for probable cause.
Formal Arraignment – Charges are read; plea entered.
Pre-Trial Motions – Defense may challenge evidence or seek dismissal.
Trial or ARD Program – Eligible first-time offenders may apply for ARD.
Sentencing – Based on BAC level and prior history.

DUI Tiers and Penalties

Pennsylvania uses a tiered system based on BAC levels. Repeat offenses carry increased jail time, higher fines, and longer license suspensions.

ARD Program (Accelerated Rehabilitative Disposition)

Eligibility:

First-time DUI offense
No serious injury or minor passengers
No prior ARD participation

Requirements:

6–12 months probation
Alcohol Highway Safety School
CRN evaluation
Community service
License suspension (30–90 days based on BAC)

Benefits:

No jail time
Case dismissal upon completion
Expungement eligibility

Recent Legal Changes

Commonwealth v. Shifflett (2025)

In a landmark decision, the Pennsylvania Supreme Court ruled that acceptance into the ARD program does not count as a prior offense for sentencing enhancement purposes in DUI cases. The Court found that ARD lacks the procedural safeguards of a conviction—such as a jury trial and proof beyond a reasonable doubt—and therefore cannot be used to increase penalties under Section 3806 of the Vehicle Code.

Key Takeaway: Defendants with prior ARD participation must be sentenced as first-time offenders in subsequent DUI cases.

Ferguson v. PennDOT (2025)

In contrast, the Court held that ARD can be treated as a prior offense for civil license suspension purposes. The ruling emphasized that license suspensions are administrative, not criminal, and therefore do not require the same constitutional protections. [law.justia.com]

Key Takeaway: Even if ARD cannot enhance criminal penalties, it can still trigger license suspensions for subsequent DUI convictions.

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If you or a loved one is facing DUI charges, contact Keller, Lisgar & Williams for a confidential consultation. We’ll guide you through every step and fight for the best possible outcome.

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Our firm offers a free consultation where we will evaluate your case and answer all of your questions. If you are unable to visit our office, we will even visit you in the hospital or come to your home.