Drivers found to be operating a motor vehicle under the influence of alcohol will face charges of DUI. The “legal limit” for driver consumption in the U.S. is a blood alcohol concentration of .08%. DUI laws are strongly enforced now because they lead to property damage, injuries, and even fatalities. Here in Lancaster County in 2018, there were roughly 92 reported DUI arrests.
Alcohol-Related Accidents in Pennsylvania
|
2015 |
2016 |
2017 |
|
|
Total Crashes |
10,550 |
10,558 |
10,256 |
|
Fatal Crashes |
311 |
321 |
270 |
|
Injury Crashes |
5,377 |
5,274 |
4,911 |
Lancaster County DUI Central Court
All cases of DUI are handled by the DUI Central Court. Lancaster County has a Drug and Alcohol Diversion Program, a Repeat DUI Program, and an Accelerated Rehabilitative Disposition (ARD) program for DUI offenders.
Probation Department's Electronic Monitoring Unit
The Adult Probation Office uses a host of electronic monitoring technology to supervise offenders. They use GPS monitoring to track offenders placed on house arrest. Lancaster County also has a SCRAM monitoring option where the offender wears an ankle bracelet device that is capable of detecting alcohol use. Both options require a payment of $10 per day.
Accelerated Rehabilitative Disposition Program (ARD)
First-time DUI offenders may apply for the ARD program. This is a diversionary program that suspends the legal proceedings and allows offenders to complete a program and have their offense expunged. The offender must undergo a “full assessment for alcohol and drug addiction” and complete any subsequently required treatment program. They also must complete Alcohol and Highway Safety School classes and pay $600 for program costs. The driver's license suspension and community service requirements are as follows:
|
Blood Alcohol Concentration |
Driver's License Suspension |
Hours of Community Service |
|
BAC: .099% or less |
n/a |
15 |
|
BAC: .10 to .159% |
30 days |
20 |
|
BAC: .16 to .199% |
60 days |
25 |
|
BAC: .20% |
60 |
50 |
|
Refused Testing or Controlled Substance |
60 |
50 |
|
Minor DUI |
90 |
50 |
Failure to Comply With the ARD Program
Those who do not comply with the program or are found to have committed another criminal offense are not eligible for expungement of the offense. The court may resume their prosecution of the original offense.
Modification or Revocation of Order of Probation (§9771)
Offenders that are placed on community supervision (probation) are required to adhere to a certain set of conditions. The court retains the option to modify the conditions of probation. If the offender does not comply with the conditions, the court may revoke the probation and the offender will face the original charge and sentencing alternatives.
Probation Violations
Offenders who do not comply with the terms of probation may face sanctions. Common examples of violations include failing drug tests or committing another criminal offense. The offender may be arrested and subject to a violation hearing within two business days. The court may impose a sentence of jail time that ranges from between three days and twenty-one days along with additional sanctions.
Experienced Legal Counsel for Violations of Probation
Those placed under community supervision by adult or juvenile probation departments will ideally satisfy the conditions and move forward. Unfortunately, mistakes such as failing a drug test or being arrested again can lead to harsh consequences. Our Criminal Law Team is available to represent you and pursue a positive outcome. Contact our office today at (888) 535-3686 for a complimentary case evaluation.
