DUI With a High BAC in Cumberland County? What You Need to Know About § 3802(c)

A DUI charge is serious no matter what—but if your blood alcohol concentration (BAC) was 0.16% or higher, the law treats you as a “highest tier” DUI offender under 75 Pa.C.S. § 3802(c).

Even if it’s your first DUI, this charge triggers mandatory jail time, hefty fines, and a long license suspension. In Cumberland County, prosecutors are aggressive, and leniency is rare.

Here’s what this charge means, what penalties you face, and how The McShane Firm can protect your rights, freedom, and future.

🔎 What Is a High BAC DUI Under § 3802(c)?

This section of Pennsylvania’s DUI law applies when a person drives—or is in physical control of a vehicle—within two hours of having a BAC of 0.16% or higher.

This is twice the legal limit, and the Commonwealth considers it the most dangerous form of alcohol-based DUI.

You can be charged even if:

• You weren’t in an accident
• You felt fine to drive
• You cooperated fully with police

At this level, prosecutors don’t need to show reckless behavior or you were impaired or that you were drunk—the number alone is enough to trigger the harshest DUI tier. The number is the crime.

🧾 What Are the Penalties for a § 3802(c) Conviction?

The penalties increase sharply depending on whether this is your first, second, or third DUI in the last 10 years.

First Offense

• Minimum 72 hours in jail

• Up to 6 months total incarceration
• 12-month driver’s license suspension

• Fines between $1,000 and $5,000

• Drug/alcohol evaluation and mandatory DUI treatment

Second Offense

• Minimum 90 days in jail, up to 5 years
• 18-month license suspension

• $1,500–$10,000 in fines
• Ignition interlock for one year
• Intensive treatment and supervision

Third or Subsequent Offense

• Felony DUI

• 1 to 7 years in state prison (no work release)

• Long-term license revocation
• Severe collateral consequences for employment, housing, and reputation

The higher the BAC, the fewer breaks you can expect. This isn’t something you can handle alone—or with an attorney who doesn’t know how to fight.

⚠️ Cumberland County: Limited ARD, Fewer Second Chances

In Cumberland County, the District Attorney’s Office has all but eliminated access to ARD (Accelerated Rehabilitative Disposition)—a program that used to give first-time offenders a second chance.

Today, even first-timers with clean records are being denied ARD. That means:

• No chance to keep your record clean
• No automatic dismissal after program completion
• A guaranteed conviction unless you fight the charge

📚 Legal Update: Commonwealth v. Shifflett May Still Help You

The Pennsylvania Supreme Court ruled in Commonwealth v. Shifflett (2025) that ARD cannot be counted as a “prior offense” to increase penalties in future DUI cases.

That means:

• If you had ARD in the past, it cannot be used to bump up your current DUI to a second or third offense
• This could mean the difference between probation and jail—or misdemeanor and felony charges

At The McShane Firm, we are already using the Shifflett ruling to help clients avoid harsh penalties based on outdated interpretations of the law.

🧠 Why The McShane Firm Is Your Best Defense in a High BAC DUI Case

A BAC over 0.16 doesn’t have to mean the end of the road. But to avoid the worst, you need a smart, scientific, and relentless defense.

That’s where The McShane Firm stands apart.

🔬 We Fight the Science

• We understand how alcohol is absorbed and measured

• We challenge blood test accuracy, procedures, and timelines

• We’ve exposed lab errors that got cases dismissed

🚓 We Challenge the Stop and Arrest

• Did the officer have legal grounds to pull you over?
• Was your arrest based on flawed field tests or assumptions?
• Did police follow the correct protocols?

🧪 We Know the Science. We Train Other Lawyers.

• Our attorneys are trained in forensic toxicology, pharmacokinetics, and analytical chemistry

• We’ve taught defense lawyers across the country how to beat DUI charges. We have taught judges, prosecutors and scientists in the science of blood testing.
• We don’t just know DUI law—we know the science behind it. We teach it nationally.

💬 We’re Proactive and Responsive

• You’ll always hear from us first
• We return every call, text, and email promptly
• We explain everything in clear language—no legal jargon

📞 Don’t wait—call (717) 657-3900 now
 🌐 Visit www.TheMcShaneFirm.com
 📍 Proudly serving clients throughout Cumberland County and Central Pennsylvania

A high BAC is not an automatic conviction. You have defenses. You have rights. And with the right team—you have a real shot at beating this.
 Call The McShane Firm today and let us fight for your future.