Serving Westmoreland County & Surrounding Areas (724) 836-4871 Available 24 Hours
Greensburg DUI Lawyer

A Broader Perspective.

Kenneth Burkley works closely with clients to understand and resolve their issues, taking the time to listen to and understand each client's unique situation, and explain the available options.

When facing criminal charges there are many options that can reduce or eliminate a conviction.

Greensburg DUI Lawyer

Pennsylvania DUI Laws

DUI Law Sections Violated 1st Conviction in 10 Years 2nd in 10 Years 3rd in 10 Years 4th in 10 Years
  1. 3802 (a)(1) Incapable of Safe Driving
    1. No BAC available
    2. No Implied Consent Violation *
    3. No Injury or Damage (accident) **
  2. 3802 (a)(2) BAC .08% to less than .10%
Ungraded Misdemeanor
  • Mandatory 6 months probation
  • Fine $300
  • AHSS
  • No License Suspension
  • Full D&A Assessment if indictated by CRN
Ungraded Misdemeanor
  • Jail 5 days to 6 months
  • Fine $300-$2,5000
  • AHSS
  • License Suspension - 12 months
  • Ignition Interlock - 1 year
  • Full D&A Assessment
Misdemeanor 2
  • Jail 10 days to 2 years
  • Fine $500 to $5,000
  • License suspension - 12 months
  • Ignition Interlock - 1 Year
  • Full D&A Assessment
Misdemeanor 2
  • Jail 10 days to 2 years
  • Fine $500 to $5,000
  • License suspension - 12 months
  • Ignition Interlock - 1 Year
  • Full D&A Assessment
  • 3802 (b) BAC .10% to less than .16%
  • 3802 (a)(1) with damage or injury **
  • 3802 (e) Minors .02% or greater
  • 3802 (f) Commercial .04% or greater
  • 3802 (f) School Vehicles .02% or greater
  • 3802 (f) Commmercial/School Vehicles incapable of safe driving
Ungraded Misdemeanor
  • Jail 48 hours to 6 months
  • Fine $500 to $5,000
  • AHSS
  • License Suspension - 12 months
  • Full D&A Assessment if indictated by CRN
Ungraded Misdemeanor
  • Jail 30 days to 6 months
  • Fine $750 to $5,000
  • AHSS
  • License Suspension - 12 months
  • Ignition Interlock - 1 year
  • Full D&A Assessment
Misdemeanor 1
  • Jail 90 days to 5 years
  • Fine $1,500 to $10,000
  • License suspension - 18 months
  • Ignition Interlock - 1 Year
  • Full D&A Assessment
Misdemeanor 1
  • Jail 1 days to 5 years
  • Fine $1,500 to $10,000
  • License suspension - 18 months
  • Ignition Interlock - 1 Year
  • Full D&A Assessment
  • 3802 (b) BAC .16% or higher
  • 3802 (a1) with an Implied Consent Violation *
  • 3802 (d) Controlled Substances
Ungraded Misdemeanor
  • Jail 72 hours to 6 months
  • Fine $1,000 to $5,000
  • AHSS
  • License Suspension - 12 months
  • Full D&A Assessment
Misdemeanor 1
  • Jail 90 days to 5 years
  • Fine $1,500 to $10,000
  • AHSS
  • License Suspension - 18 months
  • Ignition Interlock - 1 year
  • Full D&A Assessment
Misdemeanor 1
  • Jail 1 to 5 years
  • Fine $2,500 to $10,000
  • License suspension - 18 months
  • Ignition Interlock - 1 Year
  • Full D&A Assessment
Misdemeanor 1
  • Jail 1 to 5 years
  • Fine $2,500 to $10,000
  • License suspension - 18 months
  • Ignition Interlock - 1 Year
  • Full D&A Assessment

* A Violation of 3802 (a) (1) that involves an Implied Consent Violation is subject to the highest penalty.

**Violations of 3802 (a) (2) and 3802 (a) (1) that involve an accident with injury or damage are subject to the 2nd highest penalty level

ARD (Accelerated Rehabilitative Disposition)

A DUI offense is eligible for ARD under the following circumstances.

Mandatory License Suspension for ARD is as follows:

Mandatory Conditions of ARD for a DUI Offense

All penalties include up to 150 hours of community service and a Court Reporting Network (CRN) drug and alcohol evaluation.

When a Full Assessment is completed and the Assessment indicates a need for counseling or treatment, the Court is required to order treatment as indicated by the Assessment. When the Court orders treatment or counseling, the Court is required to order the statutory maximum as the top end of the Offender’s sentence.

A Full Drug and Alcohol Assessment is required for a DUI offender prior to sentence if any one of the following applies.

  1. The Offender has a prior DUI offense within 10 years.
  2. The Court Reporting Network Evaluation indicates a need for further evaluation for counseling or treatment.
  3. The offenders BAC was .16 or greater.

About Kenneth B. Burkley

States/Courts Admitted

  • Pennsylvania Supreme Court
  • All Pennsylvania Courts
  • U.S. Supreme Court, U.S. District Court Western District of Pennsylvania

Law School

  • Duquesne University School of Law

Undergrad

  • Edinboro University of Pennsylvania

Past Positions

  • President - Westmoreland County Bar Association (1989-90)
  • Westmoreland Academy of Trial Lawyers

Memberships

  • Pennsylvania Bar Association
  • Westmoreland County Bar Association
  • Pennsylvania Association for Justice
We proudly serve clients in and around Greensburg, PA including greater Indiana and Westmoreland Counties and surrounding areas.