DUI in Cumberland County with a BAC Between 0.10% and 0.16%? Here’s What You’re Facing Under § 3802(b)

If your blood alcohol content (BAC) was tested between 0.10% and 0.159% after a traffic stop in Cumberland County, the Commonwealth is likely charging you under 75 Pa.C.S. § 3802(b). 

This is known as a “mid-tier DUI”, and it carries mandatory penalties, even for people with no prior criminal record. It’s more serious than a general impairment DUI—and unlike low-level charges, this one almost always involves jail time, a license suspension, and permanent consequences if not properly defended.

Let’s break down what this charge means, what punishment you could face, and how The McShane Firm builds powerful defenses that protect your freedom and your future.

🚓 What Does § 3802(b) Mean?

Under Pennsylvania law, anyone operating or being in physical control of a vehicle with a BAC between 0.10% and less than 0.16% within two hours can be charged under this section.

Even if you:

• Weren’t involved in a crash
• Didn’t hurt anyone
• Thought you were okay to drive
• Cooperated with law enforcement

That BAC number is all the Commonwealth needs to file mid-tier DUI charges—and prosecutors take that number seriously. The amount of alcohol in your blood is the crime, not whether or you were drunk or impaired.

⚖️ What Are the Penalties?

The legal consequences vary depending on whether this is your first, second, or third DUI within a 10-year period.

First Offense

• Mandatory 48 hours in jail, up to 6 months
• 12-month license suspension

• $500 to $5,000 fine

• Required DUI education program
• Court-ordered alcohol assessment and treatment if needed

Second Offense

• At least 30 days in jail, up to 6 months
• 18-month license suspension

• Fines of $750 to $5,000

• Ignition interlock for one year
• Higher insurance costs, job-related impacts

Third or Subsequent Offense

• Minimum 90 days in jail

• Longer license suspension

• Felony charges may apply

• Major consequences for employment, travel, and professional licensing

This level of DUI can turn a simple mistake into a lifelong record—unless you take decisive action now.

⚠️ Cumberland County Is Not Offering Easy Outs

In the past, many first-time DUI offenders were offered ARD (Accelerated Rehabilitative Disposition) to avoid a conviction and jail time.

But in Cumberland County, the District Attorney’s Office has sharply limited ARD access. This is a very recent change. It is not fair. We will fight it with you. Unlike the old days, you cannot just go in and do it yourself now that it will be on your record and you are looking right at jail because ARD is not an option.

That means:

• You can’t count on getting ARD

• You may face jail time and license suspension—even if this is your first-ever criminal charge
• Fighting the charge may be your only option for avoiding a criminal record

🧠 Why The McShane Firm Is the Firm to Call First

If you’re looking at a BAC over .10, you’re facing a serious situation. But that doesn’t mean the case is hopeless. The McShane Firm is known statewide for turning DUI cases around—through smart legal strategy, deep scientific knowledge, and aggressive courtroom defense.

Here’s what we do differently:

🔍 We challenge the blood testing

• Was the lab any good to begin with?
• How was the blood sample collected and treated after the fact?
• Was the machine (the gas chromatograph or GC) properly set up and used?
• Was the test device properly calibrated?
• Was the blood draw handled correctly?
• And there is much, much more.

We attack the scientific foundation of the charge—because that number is everything.

🧪 We understand alcohol physiology and forensics

• We know how the body processes alcohol
• Our team is trained in analytical chemistry and pharmacokinetics

• We’ve taught other attorneys how to fight BAC-based DUIs
• We’ve taught judges, prosecutors, and scientists about the strengths and weaknesses of these machines, and methods. We literally wrote the book on it.

🚔 We evaluate the stop and arrest for flaws

• Was the traffic stop even legal?
• Was there probable cause for the arrest?
• Were your rights respected throughout the process?

📢 We keep you informed, every step of the way

• No guessing
• No waiting weeks for updates
• Just clear, proactive communication from day one

📞 Call The McShane Firm now: (717) 657-3900
 🌐 Visit us at www.TheMcShaneFirm.com
 📍 Proudly defending DUI cases across Cumberland County and Central PA

A .10 BAC doesn’t mean you’re guilty. It just means the state thinks it has a number. But we know how to break that number apart—and we’ve done it for hundreds of people just like you.

Don’t risk your freedom. Call The McShane Firm today.