PA+DUI+Regulations

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A person shall not drive, operate or be in actual physical control of the movement of any vehicle: It is considered prima facie evidence if an adult has 0.08%, a minor has 0.02% or anyone operating a commercial vehicle has 0.04% or more by weight of alcohol in his or her blood at the time of driving, operating or being in actual physical control of the movement of said vehicle. For the purpose of this section, the chemical test of the sample of the person’s breath, blood or urine shall be from a sample obtained within two hours after the person drove, operated or was in actual physical control of the vehicle.
 * While under the influence of alcohol to a degree which renders the person incapable of safe driving;
 * While under the influence of any controlled substance . . . to a degree which renders the person of incapable of safe driving;
 * While under the combined influence of alcohol and any controlled substance to a degree which renders the person incapable of safe driving; or
 * While the amount of alcohol by weight in the blood of the person who is an adult is 0.08% or greater or a minor is 0.02% or greater.

In some cases, first time DUI offenders may be eligible for the Accelerated Rehabilitative Disposition (ARD) program. Offenders **may not be eligible** for the ARD Program if they: In addition, the District Attorney may have other requirements that may disqualify someone from ARD. The ARD program consists of the following: >
 * Have been convicted of a DUI within the past ten (10) years
 * Have seriously injured or killed someone as the result of a DUI crash or
 * Have been charged at the time of a DUI with other specific serious vehicle violations.
 * //up to 12-month license suspension//
 * //community service//
 * //restitution//
 * //6-month court supervision//
 * //attendance at Alcohol Highway Safety School and its costs//
 * //CRN evaluation//
 * //court and administrative costs//
 * //treatment and other conditions that a judge may impose//