Facing a DUI in Cumberland County for Mixing Alcohol and Medication? What § 3802(d)(1)(iii) Really Means

If you’ve been charged with DUI in Cumberland County after combining alcohol with medication or other drugs, you may be facing one of the most complex types of DUI cases under Pennsylvania law: 75 Pa.C.S. § 3802(d)(1)(iii).

This statute covers situations where a person has a small amount of alcohol in their system and also tests positive for one or more drugs, whether legal or illegal. The problem? Even if neither the alcohol nor the drug would impair you on their own, the combination alone is enough to be charged—and convicted—under this law.

Here’s what the law says, what penalties you could face, and why hiring The McShane Firm can make all the difference in your defense.

⚖️ What Is § 3802(d)(1)(iii)?

Section 3802(d)(1)(iii) makes it illegal to drive if you have any amount of alcohol in your system alongside any drug that could impair your ability to drive safely.

This includes:

• Prescription medications (painkillers, sleep aids, anxiety meds)
• Over-the-counter drugs that cause drowsiness
• Illegal substances (THC, cocaine, meth, etc.)
• Even legal medical marijuana

You don’t have to be drunk. You don’t have to be high. The state just needs to prove you had both alcohol and a drug in your system—and that combination made you “incapable of safe driving.”

That’s a very low bar for the government, and a high-risk situation for you.

🛑 What Are the Penalties?

This type of DUI is treated as a highest tier offense, just like a DUI involving heroin or a 0.16+ BAC.

First Offense

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

• Fines between $1,000 and $5,000

• Drug and alcohol evaluation and treatment
• DUI education class required

Second Offense

• 90 days to 5 years in jail

• 18-month suspension of your license

• Ignition interlock for 1 year
• Fines up to $10,000
• Higher insurance premiums and court costs

Third or More

• Felony classification

• 1 to 7 years in state prison

• Long-term loss of driving privileges
• Damage to your job, career, and family life

⚠️ What Makes Cumberland County Different?

In Cumberland County, the District Attorney’s Office has made it policy to limit ARD (Accelerated Rehabilitative Disposition)—especially for drug-related DUIs.

This means:

• First-time offenders are no longer guaranteed a second chance
• You may not qualify for ARD, even if you’ve never been arrested before
• You’re likely facing a permanent criminal record, jail, and license loss

If ARD is off the table, your only option is to mount a strong legal defense.

🧪 Why This Charge Is Complex—And Defendable

This type of DUI is based on combination impairment. That means the prosecution must prove:

1. You had alcohol in your system

2. You had a drug in your system

3. The combination of the two made you unable to drive safely

Here’s the catch: they often don’t actually prove impairment. They just point to the presence of substances in your blood and rely on police testimony or questionable science.

At The McShane Firm, we don’t let that slide. We go after the weak points in the case and expose them in court.

🛡️ How The McShane Firm Fights—and Wins—Cases Like This

We’re not your average DUI lawyers. We are scientifically trained litigators who focus exclusively on DUI and criminal defense. That means we know how to dismantle these cases from top to bottom.

✅ We challenge the science behind your test results

• Was the blood test processed correctly?
• Were the drug levels active or inactive metabolites?
• Was the amount of alcohol even close to impairment levels?

We don’t assume the test is right—we prove when it’s wrong.

✅ We attack the legality of the stop and arrest

• Was the traffic stop justified?
• Did the officer follow proper protocol?
• Are the field sobriety tests reliable—or just guesswork?

✅ We understand drug interactions better than any other lawyers

• We’re trained in pharmacokinetics, toxicology, and analytical chemistry

• We know what substances actually impair—and which ones don’t. We don’t rely on charts. We rely on science and the uniqueness that is you and your body’s reaction to drugs and alcohol.
• We use real science to build your defense, not guesswork

📞 Call The McShane Firm today at (717) 657-3900
 🌐 Visit www.TheMcShaneFirm.com
 📍 Representing clients in Cumberland County and across Central PA

You’re not a criminal just because you had a drink and took your medication. But without the right defense, the system will treat you like one. Let us fight for your future—before it’s too late.

Call now. Let’s get started.