Caught Driving with Drugs in Your System in Cumberland County? Here’s What 75 Pa.C.S. § 3802(d)(1)(i) Really Means

If you’ve been charged under 75 Pa.C.S. § 3802(d)(1)(i) in Cumberland County, it likely means a blood test showed even the smallest amount of a Schedule I drug, or a Schedule II or III controlled substance that you weren’t prescribed.

Even if you weren’t impaired. Even if it was from days ago. Even if you had no idea it was still in your system.

This is one of the most misunderstood and unfair DUI laws in Pennsylvania—and it carries serious penalties. Here’s what you need to know.

💡 What Does § 3802(d)(1)(i) Actually Prohibit?

This section makes it a crime to drive with any amount of a Schedule I controlled substance, or a non-prescribed Schedule II or III drug, in your blood.

This includes drugs like:

• Marijuana (even if medical marijuana)

• Cocaine

• Heroin

• MDMA (Ecstasy)

• Methamphetamine

• Oxycodone or Adderall (if not prescribed to you)

The law doesn’t care how much was in your system. It doesn’t even require proof that you were impaired.

If a blood test shows a trace amount—even metabolites that don’t impair driving—you can be charged and convicted.

⚠️ What Are the Penalties?

This type of DUI is treated as a “highest tier” offense, which means harsh mandatory minimums—even on a first charge.

First-Time Offense

• Mandatory 72 hours in jail, up to 6 months
• 12-month driver’s license suspension

• Fines from $1,000 to $5,000

• Mandatory treatment, alcohol/drug evaluation, and DUI school

Second Offense (within 10 years)

• 90 days to 5 years in jail

• 18-month license suspension

• Higher fines

• Ignition interlock and intensive supervision

Third or More

• Felony DUI

• 1 to 7 years in state prison

• Severe license and professional consequences
• Often results in job loss and long-term financial damage

🧾 No “Impairment” Required — Just a Blood Test

This charge is one of the only DUIs where actual impairment does not have to be proven.

The prosecution only needs to show:

1. You were driving or in control of a vehicle
2. Your blood test showed any amount of a prohibited drug
3. You did not have a valid prescription (for Schedule II or III drugs)

That’s it. You don’t have to be “high” or “under the influence.” You just need to test positive.

This is why medical marijuana patients, occasional users, and even people who used days before often get caught off guard.

🧑‍⚖️ Cumberland County: Tougher Rules, Stricter Prosecution

Cumberland County’s DA’s Office is not offering ARD in most DUI drug cases—even for first-time offenders.

This means:

• You’re likely to face criminal conviction, jail, and license suspension

• ARD isn’t there as a fallback or safety net
• You can’t “wait it out” or hope for a slap on the wrist

That makes your choice of attorney the most important decision you’ll make after the arrest.

🛡️ Why The McShane Firm Is the Firm You Need Right Now

At The McShane Firm, we know how to attack DUI drug charges at every level—from the science to the traffic stop.

Here’s how we protect our clients:

🔬 We know the science inside and out

• We understand analytical chemistry, toxicology, and pharmacology

• We challenge blood test results, lab methods, and chain of custody
• We fight when police try to twist science into guilt

⚖️ We challenge the legal basis of the arrest

• Did the officer have legal grounds to stop you?
• Was the blood draw warranted and properly obtained?
• Were your rights violated during the investigation?

🤝 We communicate, prepare, and fight harder

• We don’t disappear after you pay.
• You’ll get fast updates, straight talk, and real strategy, not guesswork
• We’ve helped hundreds of clients in Central PA beat drug DUI charges—and we’re ready to help you

📞 Call now: (717) 657-3900
 🌐 Visit www.TheMcShaneFirm.com
 📍 Serving clients in Cumberland County and across Central Pennsylvania

This isn’t just a charge. It’s your job, your license, your reputation, and your future. We know how to protect it.
 Call The McShane Firm. Let’s get to work.