The PA DUI Attorneys at The McShane Firm are trained to handle all types of DUI cases including complicated CDL cases. I have blogged about Pennsylvania CDL DUI laws and penalties in the past. Under Pennsylvania DUI Law, CDL drivers face the stiffest penalties even if the DUI occurred in their personal non-commercial vehicle, and even if they are clearly off-duty. If convicted of a DUI, PA CDL drivers will face a license suspension on both their personal and CDL licenses. Even after the CDL license suspension is served, CDL drivers will have a very hard time finding work because most trucking companies will see the DUI conviction on background checks and steer clear of that driver. For CDL drivers, a DUI conviction can be a death penalty for their career.
Many CDL drivers choose the PA DUI lawyers at The McShane Firm to protect their careers.
This is why it is so important for CDL drivers to find the best DUI attorney to fight their case. This is why many CDL drivers turn to the PA DUI attorneys at The McShane Firm.
Recently, a Pennsylvania CDL driver charged with a DUI made the choice that would save his career. He chose The McShane Firm. Attorney Shawn Dorward fought his case with one goal in mind: to win. Attorney Dorward went to work attacking the prosecution’s evidence and and maintaining his client’s innocence throughout. He did not stop working until he secured a full dismissal of the DUI charges against his client. Getting these types of results takes plenty of hard work and Attorney Dorward is no stranger to staying late in the office preparing his cases. Like all of the DUI lawyers at The McShane Firm, Attorney Dorward has the knowledge, experience and commitment to offer the best possible DUI defense for his clients and protect their rights.
Every case has unique details and circumstances and while results are not guaranteed one thing is for sure: The McShane Firm is committed to providing you the best DUI defense in PA.
Pennsylvania DUI Law Review: Accelerated Rehabilitative Disposition (ARD)
There are a number of options available to a person accused of a DUI in PA. One of the goals of this blog is to educate the public about their rights and the pertinent legal options under Pennsylvania DUI law. If you are charged with a DUI in PA, it is important to know your legal options and duly important to discuss those options with a qualified Pennsylvania DUI attorney who can review your case and help chart out a course of action. Keep in mind that while a particular option may look good on paper, certain conditions may deem such an option unsuitable in your particular DUI case.
Today we examine the Pennsylvania Accelerated Rehabilitative Disposition (ARD) program.
The McShane Firm is the largest DUI law firm in PA and can help you decide whether or not the ARD program is right for you
ARD is a pre-trial diversionary program (like being subject to probation) offered to first time offenders under certain conditions. There are mandatory classes to attend and those in the ARD program are placed on ARD supervision. There may also be a lengthy license suspension for those in ARD. Many attorneys in PA push clients to opt for ARD because for them it is an easy way out so they can process a large number of cases in the least amount of time. I, and many other lawyers, call these lawyers DUI dump-trucks because they are only concerned with volume and not with the person sitting in front of them. At The McShane Firm we examine every case in a detailed manner and help you choose a course of action that will protect your rights in the best way possible. Our toolbox contains all possible legal options including fighting DUI cases to trial.
Who is Eligible for ARD?
ARD is offered to first time DUI offenders in PA. A person will be disqualified from ARD if:
- There is a prior ARD disposition within the last 10 years unless it is a first offense ungraded misdemeanor which is BAC between 0.08% but less than 0.10%. (some counties opt for a longer look-back period)
- The current DUI offense involved a crash that resulted death or in serious injury to someone other than the offender.
- There was a passenger in the vehicle who was under 14 years old.
License Suspension in ARD
Acceptance into the ARD program and adherence to the guidelines and regulations will result in the reduction of the mandatory license suspension for a PA DUI offense if you were convicted of the charge. The table below shows the length of the license suspension for those in the ARD program.
| ARD License Suspension | |
|---|---|
| BAC less than .10 | none |
| BAC between .10 and .16 | 30 days |
| BAC over.16 | 60 days |
| Refusal | 60 days |
| DUI w/ Accident regardless of who is at fault | 60 days |
| Under the age of 21 | 90 days |
| Controlled Substance | 60 days |
As you can see, ARD is not a “free pass.” There are penalties and consequences involved that need to be weighed and examined thoroughly.
Who should not opt for ARD
Many DUI lawyers will tell you to just take the ARD program as the easy way out. While ARD may be the best option for some, it may be in your best interest to fight the charges especially if:
- You are charged with a higher tier DUI (BAC over .10)
- You hold a professional certificate
- You hold a Pennsylvania CDL license
- You are in the military
- You have a special security status
- You are a person whose job requires bonding
- You are a person whose job requires insurance
- You have a case that can be won in court
- You have a job or want a job that will review your driving history
- Your particular facts and the conditions required make ARD an unacceptable intrusion into your life
A specialist DUI attorney can examine the circumstances of your case and help you determine the best course of action. The PA DUI Attorneys at The McShane Firm offer a free detailed initial consultation to explain the details of the charges against you and what you can expect. Please call 1-866-MCSHANE for more details.
ARD and Commercial Driver’s License Holders and Others
An ARD disposition may affect your career if you are a Pennsylvania CDL license holder, serve in the military or hold a professional license.
Pennsylvania CDL Truck Driver and ARD: An ARD disposition is not a realistic option for CDL license holders because it will not reduce the license suspension for their CDL license. Many attorneys who claim to be expert Pennsylvania DUI Lawyers advise CDL drivers to opt for the ARD program, so beware. This is bad advice; malpractice if you ask me. The only way to avoid a CDL suspension is to fight the case and get a “not guilty” verdict, obtain a non-DUI disposition or get the charges dropped.
Military A pending charge or any continuing condition of a sentence or even a no admission pre-trial diversionary program (ARD) in contemplation of dismissal prohibits induction into military service. If you are active duty pending orders for deployment, you will be deemed un-deployable because you will not pass SRPs. Besides loss of pension or health care benefits upon discharge, the reduction in rank or discharge can involve huge financial consequences.
Licensed Pilots Pilots charged with a DUI offense while operating a motor vehicle face legal obligations with the FAA in addition to the potential risks under the laws of the state in which the DUI occurred. Unfortunately, many of them never realize these potential obligations exist and they end up failing to meet the mandatory reporting requirements. Failure to honor these obligations can result in suspension, revocation, or denial of an airman certificate or a medical certificate. Interestingly, depending on the specific circumstances of any given case, this punishment can be worse than what would have happened to the pilot had he or she simply made the required disclosure in the first place. Remember, the FAA does not care if you were unaware of the reporting and disclosure obligations and will punish your failure to abide by your responsibilities.
Doctors, Nurses, Lawyers, Teachers and other licensed professionals: Depending on your disciplinary record, the type of charge and other factors, an ARD disposition may trigger inquiry and may be even sanctions from your governing disciplinary board. People who have invested many years into their professional careers should be concerned about how a DUI can affect them and should seek the help of a qualified DUI attorney.
As you can see there are many factors that need to be taken into consideration before electing for the Pennsylvania ARD program. A specialist PA DUI attorney can help you weight all of these factors and help you make an educated decision as to whether or not this program is in your best interests. Please call 1-866-MCSHANE if you have any questions about the Pennsylvania ARD program.
Every Friday we take a look at some of the most commonly asked questions about Pennsylvania DUI so we can clear up any misconceptions and provide you with the most up-to-date and accurate information about Pennsylvania DUI laws and related topics. Today:
Dear Pennsylvania DUI Lawyer,
I am a CDL truck driver licensed in here in Pennsylvania. I was pulled over in York County and charged with a DUI when I wasn’t in my commercial vehicle even though my BAC was only .09. I have never been charged with a crime before. Will this DUI effect my Pennsylvania CDL license?
CDL Drivers Face Harsh Penalties for Pennsylvania DUI
Simply put, if you are convicted of this charge, you are in a lot of trouble. The way the current DUI laws are structured in Pennsylvania, CDL Drivers Face the Harshest Penalties for a Pennsylvania DUI. Here are some important points for you to keep in mind:
- Under Pennsylvania DUI Law, it is irrelevant to a CDL license holder if the DUI occurred in a commercial vehicle or in a personal vehicle. The limits, laws and penalties remain the same. However, the consequences are worse.
- Normally, the per se rate for a Pennsylvania DUI is .08. However, for a CDL driver while in his/her commercial vehicle, the per se rate is .04. Furthermore, a BAC between .04 and .159 is treated as a “High Rate” DUI which is the second tier, normally for those who have a BAC between .10 and .159.
- In addition to the legal penalties for a Pennsylvania DUI conviction you will be facing a 1 year CDL disqualification in addition to whatever happens to your non-CDL license. If you were in your commercial vehicle and convicted of being over the limit, there is an additional one year loss of your CDL. If you were carrying hazardous substances this will increase to 3 years. For a second DUI, even if both were in your personal vehicle, for a Pennsylvania CDL driver will result in a lifetime ban.
- The legal penalties for a first offense CDL DUI in Pennsylvania are:
- Jail: at least 2 days up to 6 months incarceration
- Fines: $500-$5,000 plus surcharges
- Personal License Suspension: 12 months to your non-CDL license and longer to your CDL license
- Commercial License Suspension: 12 months (3 years for hazardous substances)
- For CDL Drivers, Accelerated Rehabilitative Disposition (ARD) will not reduce their CDL disqualification. Many attorneys who claim to be expert Pennsylvania DUI Lawyers advise CDL drivers to opt for the ARD program, so beware. This is bad advice; malpractice if you ask me. The only way you can avoid a CDL suspension is to fight the case and get a “not guilty” verdict or get the charges dropped.
- Many trucking companies may avoid hiring your if you have a DUI on your record- and the DUI will stay on your record forever. It never goes away. Even though they will not state it outright, you can bet on having a very difficult time finding work.
I have represented many CDL drivers who were facing Pennsylvania DUI charges and have helped many of them win their cases. Each case is entirely different but you can rest assured that I have the knowledge, experience and guts to fight your case. Here are some testimonials for CDL Drivers I represented on various Pennsylvania DUI charges:
Continue reading »
In our mulit-part series “Why Fight a DUI in Pennsylvania”, we take an in depth look at the laws and legal consequences of a DUI conviction in the Commonwealth of Pennsylvania as well as the repercussions outside of the courtroom. Today we take a look at the effects of a DUI conviction on Occupational Licenses.
Besides the obvious criminal sanctions already described in our last post which include mandatory jail, loss of license or a restricted license, and mandatory fines, there are a lot of under-publicized but very substantial consequences.
Not only are some occupational licenses subject to forfeiture or revocation upon conviction, but many motorists who aspire to professional licenses may be disqualified as a result of statutory disability, based on conviction. Unfortunately, some very reputable educational institutions will knowingly take thousands of dollars in tuition from you knowing full well that either you cannot possibly be licensed in that profession due to the conviction or even if you are properly licensed that you are for all intents and purposes unemployable because of this conviction. Nursing licenses and teaching certificates are commonly called into question, suspended, denied or revoked upon conviction.
In past years, a noncriminal DUI did not always disqualify an applicant from a career in law enforcement, but in recent years it probably will. In the post 9/11 era where FAA regulations are being extended down to ground personnel, even a sealed (expunged) DUI charge through the ARD process might prevent someone from obtaining employment as a baggage handler at the airport. No reputable or accurate lawyer should ever say: “It’s sealed (expunged) – so it’s like it never happened.”
We have already discussed the effects of a DUI conviction on Commercial Driver’s License (CDL) holders.
Let’s take a look at how a DUI conviction can affect other professions:
Military A pending charge or any continuing condition of a sentence or even a diversionary program in contemplation of dismissal prohibits induction into military service. If you are active duty pending orders to deployment, you will be deemed un-deployable (you will not pass SRPs). Besides loss of pension or health care benefits upon discharge, the reduction in rank or discharge can involve huge financial consequences. Service members convicted of DUI in civilian courts may be subjected to even harsher disciplinary or even discharge proceedings pursuant to administrative regulations and the Uniform Code of Military Justice. We represent a lot of service people.
Attorneys Although an ARD disposition for a DUI conviction does not mandate self-reporting to the Disciplinary Board, a criminal conviction does. Failure to disclose can and may result in loss of your bar license. Additionally, your professional liability insurance may go up as a result-sometimes substantially. We represent a lot of attorneys.
Doctors Although an ARD disposition for a DUI conviction does not normally result in a loss of license, a conviction may trigger a Rule to Show Cause hearing in which your fitness to practice medicine may be called into question. Failure to disclose can and may result in loss of your medical license. Additionally, your malpractice insurance may go up as a result-sometimes substantially. We represent a lot of doctors.
Licensed Pilots Pilots charged with a DUI offense while operating a motor vehicle face legal obligations with the FAA in addition to the potential risks under the laws of the state in which the DUI occurred. Unfortunately, many of them never realize these potential obligations exist and they end up failing to meet the mandatory requirements. Failure to honor these obligations can result in suspension, revocation, or denial of an airman certificate or a medical certificate. Interestingly, depending on the specific circumstances of any given case, this punishment can be worse than what would have happened to the pilot had he or she simply made the required disclosure in the first place. Remember, the FAA does not care if you were unaware of the reporting and disclosure obligations and will punish your failure to abide by your responsibilities. People who are in the air industry come to us.
As you can see, there are many collateral consequences, above and beyond the stated legal consequences, which are complex. You need an attorney who specializes in DUI and knows all of these consequences and how they effect you. The McShane Firm has the top DUI specialists in Pennsylvania.
Question: Out of everyone charged with a DUI in Pennsylvania, who gets punished the worst?
Answer: A motorist who has a Commercial Driver’s License (CDL) .
If you are a fair person, then this post will probably be very memorable to you because it talks about one of the most unfair and ridiculous possible results of a DUI accusation.
A person who has a CDL and is accused of a DUI in Pennsylvania will get the worst advice ever. Oftentimes this bad advice does not come from the police officers or Troopers who accuse them of the crime of DUI, but from attorneys who THEY PAY TO DEFEND THEM and advertise as being an "expert" DUI attorney.
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