Driving Under The Influence (DUI) Charges

DUI Lawyer Serving
Monroe County, PA

A Pennsylvania DUI is charged under 75 Pa.C.S. § 3802 in three tiers based on your blood-alcohol level — General Impairment (.08–.099), High BAC (.10–.159), and Highest BAC (.16% and above). Penalties climb with each tier and each prior offense within ten years. First-time offenders are often eligible for the ARD program, which can lead to dismissal and expungement. Acting quickly — especially on your driver’s license — is critical.

Being arrested for driving under the influence in the Poconos is frightening, and the stakes are real: your license, your job, your insurance, and your record. But a DUI charge is not a conviction. Pennsylvania law is detailed and procedural, and those details create genuine opportunities for defense. This guide explains how DUI works in Pennsylvania and Monroe County specifically — so you understand exactly what you’re facing and what can be done about it.

What counts as a DUI in Pennsylvania?

Pennsylvania’s DUI statute, 75 Pa.C.S. § 3802, makes it illegal to drive, operate, or be in “actual physical control” of a vehicle while rendered incapable of safe driving by alcohol or drugs. You can be charged on the “general impairment” subsection even with a BAC below .08. The law sorts most cases into three tiers, and the tier drives nearly everything that follows:

Tier	Blood-alcohol concentration (BAC)	Also includes
General Impairment	0.08% – 0.099%	Impaired driving regardless of exact BAC
High BAC	0.10% – 0.159%	Minors, commercial drivers, school-bus drivers (lower thresholds)
Highest BAC	0.16% and above	DUI of drugs/controlled substances; refusal of chemical testing

Pennsylvania also treats driving under the influence of controlled substances — including marijuana — under a zero-tolerance approach for Schedule I substances, penalized at the highest tier regardless of measured impairment.

DUI penalties in Pennsylvania, by tier and prior offenses

Pennsylvania uses a ten-year “look-back” window to count prior offenses, and penalties escalate sharply for a second or third DUI. The table below shows typical first-offense exposure — treat these as general ranges to discuss with your attorney.

First offense	Possible jail	Fine	License impact
General Impairment	Up to 6 months probation (often no mandatory jail)	$300	No suspension in many cases
High BAC	48 hours – 6 months	$500 – $5,000	12-month suspension + ignition interlock
Highest BAC / drugs	72 hours – 6 months	$1,000 – $5,000	12-month suspension + ignition interlock

Most first-offense DUIs are graded as ungraded misdemeanors, but the collateral consequences — alcohol highway safety school, treatment evaluations, ignition interlock, and a criminal record — reach well beyond the courtroom.

The ARD program: a path to dismissal for first-time offenders

Accelerated Rehabilitative Disposition (ARD) is a diversionary program for first-time, non-violent offenders, administered in our area through the Monroe County District Attorney’s Office. Acceptance is discretionary. If you complete the program — supervision, education classes, any required treatment, and a reduced license suspension — the DUI charges are dismissed, and you become eligible to have the arrest record expunged. One important update: under Act 58 of 2025, completing ARD no longer counts as a “prior offense,” but a new DUI within 10 years of ARD is charged as a separate, enhanced offense — “DUI Following Diversion” (75 Pa.C.S. § 3802(h)).

Implied consent, chemical tests, and refusals

Under Pennsylvania’s implied consent law (75 Pa.C.S. § 1547), driving on PA roads means you’ve agreed to chemical testing if lawfully arrested for DUI. Refusing carries its own consequences, separate from the DUI: a 12-month license suspension for a first refusal, and prosecution at the highest-tier penalty level. Following Birchfield v. North Dakota (2016), police generally need a warrant to compel a blood draw, and a driver cannot be criminally penalized merely for refusing a warrantless blood test.

Move fast on your license

A DUI arrest can trigger a separate license suspension through PennDOT that runs on its own timeline — independent of your criminal case. There are short deadlines to challenge it. This is one of the first things to address after an arrest.

Common DUI defenses in Pennsylvania

The stop itself: Did the officer have reasonable suspicion? An unlawful stop can suppress everything that followed.
Field sobriety tests: Subjective and affected by medical conditions, footwear, road surface, and nerves.
Breath-test reliability: Breathalyzers require strict calibration, maintenance logs, and a 20-minute observation period.
Blood-draw procedure: Chain of custody, warrant requirements (post-Birchfield), and lab handling all have to be correct.
Rising BAC: Your BAC at the time of the test may have been higher than while you were actually driving.

The DUI process in Monroe County

DUI cases in our area move through the Court of Common Pleas of Monroe County (the 43rd Judicial District) in Stroudsburg, beginning with a preliminary hearing before a Magisterial District Judge. From there a case may resolve through ARD, a negotiated plea, or proceed toward trial. Familiarity with Monroe County’s judges, prosecutors, and the DA’s ARD practices directly shapes strategy.

Why representation matters

A DUI touches your freedom, your finances, your ability to drive to work, and your future record. The difference between a conviction and a dismissal often comes down to procedural details a non-lawyer would never spot, and to deadlines that pass quietly. With over fifteen years dedicated to DUI and criminal defense in Monroe County, I evaluate whether the stop and testing were lawful, whether you qualify for ARD, and how to protect your license — and handle the process so you don’t face it alone. As a partner at Cramer, Swetz, McManus, Jordan & Saylor, P.C., I bring a full firm’s resources to your defense while handling your case personally.

Charged with a DUI in the Poconos?

Brian C. Jordan defends DUI and criminal cases throughout Monroe County and Northeastern Pennsylvania. Call or text directly for a confidential consultation.

Call or Text (570) 764-4114

Brian C. Jordan, Esq. · 711 Sarah Street, Stroudsburg, PA 18360 · (570) 764-4114 · call or text 24/7

Frequently asked questions

Is a first-offense DUI a felony in Pennsylvania?

No. A first-offense DUI is generally graded as an ungraded misdemeanor. It still creates a criminal record unless resolved through a program like ARD, and the consequences for your license and insurance can be significant.

Will I lose my license after a DUI in PA?

It depends on the tier and outcome. A general-impairment first offense often carries no suspension; high and highest-tier offenses typically carry a 12-month suspension. A chemical-test refusal carries its own 12-month suspension. An ignition interlock limited license may allow you to keep driving.

What is ARD and am I eligible?

ARD (Accelerated Rehabilitative Disposition) is a diversionary program for first-time offenders, administered by the Monroe County District Attorney. Completing it leads to dismissal and eligibility for expungement. Acceptance is discretionary.

Can I refuse a breathalyzer or blood test?

You can, but under Pennsylvania’s implied consent law a refusal triggers an automatic 12-month license suspension and prosecution at the highest penalty tier. For blood tests, police generally need a warrant after Birchfield v. North Dakota.

Do I need a lawyer for a first DUI?

Strongly recommended. Even a first offense involves license deadlines, ARD eligibility decisions, and procedural defenses that can change the outcome. An attorney can often protect your record and your ability to drive.