Not every DUI in Pennsylvania is based on a breath or blood alcohol test. In fact, you can be charged—and convicted—even if your BAC is under the legal limit or no test result is available at all because you chose not to give a sample (some call it a refusal). 
If you’ve been accused of driving while generally impaired under 75 Pa.C.S. § 3802(a)(1), the case against you might rely solely on how you acted, how you spoke, or what the officer claims to have seen. This type of case is an intoxication case, meaning the government has to prove you were intoxicated due to alcohol.
This charge is more common than people think—and in Cumberland County, it’s taken seriously.
🚔 What Does 3802(a)(1) Actually Prohibit?
This statute makes it illegal to drive a vehicle “after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving.”
What makes it different?
- There’s no minimum BAC required
- A person can be charged even if they blow below 0.08%
- Officers base the charge on field sobriety tests, appearance, speech, behavior or a combination of them
The problem? These are subjective judgments. An officer might say you were impaired when you were simply tired, nervous, sick, depressed, having anxiety or affected by something unrelated to alcohol. Or it was simply a bad day.
That’s why this charge is often worth fighting.
⚖️ What Are the Penalties?
Although this is considered a first-tier DUI, it still comes with real and lasting consequences, especially if you’ve had any prior DUIs in the past 10 years.
First Offense
- Up to 6 months of probation
- $300 fine
- Mandatory DUI education
- No license suspension (unless you refused testing)
Second Offense
- 5 days to 6 months in jail
- 12-month license suspension
- Fines from $300 to $2,500
- Ignition interlock for 1 year
- Mandatory treatment evaluation
Third or Subsequent Offense
- 10 days to 2 years in jail
- Additional license suspension
- Greater court costs and probation terms
- Criminal record that can follow you for life
Even if this is your first offense, a conviction under 3802(a)(1) creates a criminal record that can affect jobs, insurance, and professional licenses.
📉 Why This Charge Can Be Defended—and Often Is
Unlike DUI charges based on blood or breath test results, 3802(a)(1) is based almost entirely on officer opinion and field observations.
That means there’s a lot more room to challenge the case, including:
- The reason for the traffic stop
- Whether the field sobriety tests were administered correctly
- Whether the observations made by the police that they say is evidence of “impairment” was caused by something other than alcohol (sick, tired, distracted, mental health, physical disability, the list goes on and on)
- Whether the officer’s report matches the dash or body cam footage
The lack of a clear BAC reading can work in your favor—if you have the right legal team behind you.
❗ Why You Can’t Rely on ARD in Cumberland County
Many first-time DUI offenders hope they can get ARD (Accelerated Rehabilitative Disposition) and avoid a conviction.
But in Cumberland County, ARD is becoming increasingly difficult to obtain, especially in cases because if a recent change in the law that the local District Attorney does not like. As such, he has decided to unfairly restrict ARD and you probably will not qualify for it.
This means you may have no second chance unless you fight the charge directly.
🛡️ Why People Trust The McShane Firm with Their DUI Defense
At The McShane Firm, we know that a 3802(a)(1) charge often comes down to perception—not proof. That’s where we shine.
Here’s what we bring to your defense:
🔬 Scientific and legal knowledge
We are trained in DUI-related science, including:
- Field sobriety test protocols
- Alcohol metabolism and absorption rates
- Toxicology and physiology
🔍 Meticulous case review
We go through every detail of the case:
- Body cam and dash cam footage
- Arrest reports and probable cause documentation
- Cross-checking the officer’s observations with objective facts
💬 Proactive communication and real support
Our clients hear from us first. We return calls, answer texts, and make sure you never feel in the dark about your case.
📞 Call us today: (717) 657-3900
🌐 Visit www.TheMcShaneFirm.com
📍 Defending DUI clients in Cumberland County and surrounding areas
Don’t let an officer’s opinion ruin your record. We know how to fight DUI charges based on weak or subjective evidence—and we’ve done it for hundreds of clients just like you.
Call The McShane Firm now, and let’s get started.
Our Clients are entitled to a Bill of Rights which states:
- Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
- Our clients have the right to expect plain speaking, straight shooting. No B. S.
- Our clients have the right to expect us to do it right the first time, every time.
- Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
- Our clients have the right to expect that they will be fully informed at all times.
This is our promise to you. Call today to get us on your side: (717) 657-3900.
