DUI Penalties in Pennsylvania
Pittsburgh law firm fights for motorists facing jail time
When a police officer stops your vehicle on suspicion of drunk driving (DUI), it could be the start of a process that winds up in severe sanctions, including a heavy fine, license suspension and incarceration. The first step you should take is to find a knowledgeable defense attorney who knows the law cold and will battle to protect your rights. The attorneys at Phil DiLucente & Associates, LLC in Pittsburgh have a deep understanding of DUI penalties in Pennsylvania and will explain what you’re facing. From there, we will develop a thorough case strategy and press for the best result possible, whether that is a dismissal, acquittal or reduction in charges.
Pennsylvania DUI tiers and how BAC levels affect penalties
Not all DUI charges are equal in Pennsylvania. The state uses a three-tiered system in per se drunk driving cases. A motorist’s blood-alcohol concentration (BAC) in one of the following tiers is proof of intoxication:
- General impairment — Motorists with a BAC between .08 percent and .099 percent are subject to an ungraded misdemeanor charge. This can result in a fine, up to six months of probation and other sanctions for first offenders.
- High BAC — When a driver’s BAC reading falls within the .10 percent to .159 percent range, they can be punished with jail time lasting from 48 hours to six months, and a yearlong license suspension.
- Highest BAC — The minimum jail term is increased to 72 hours for situations where the vehicle operator’s BAC was .16 percent or higher. Other penalties are also enhanced, including a fine of at least $1,000.
Regardless of the tier charged, our Pittsburgh DUI lawyers will thoroughly investigate the test results in your case to see if they were tainted by overzealous or sloppy police work.
First offense DUI penalties in Pittsburgh
For a first DUI in Pennsylvania, a motorist can face serious penalties. If you have no prior convictions, we can try to have your case resolved through Accelerated Rehabilitative Disposition (ARD). Under this program, you would not be convicted of a crime and might avoid license suspension. You would be subject to a fine, community service, driver education and substance abuse evaluation.
Second and third DUI offenses: escalating consequences
A defendant who has been convicted of DUI in the previous 10 years faces harsher punishment than a first-time offender. With one prior offense, a general impairment defendant will be sentenced to between five days and six months of jail time. Minimum incarceration is 30 days for a High BAC charge and 90 days in a Highest BAC prosecution. License suspensions are also longer for those with multiple DUI convictions. Someone who has three or more DUI convictions within the relevant period faces even tougher penalties, including jail time of at least 10 days in a general impairment case, higher fines and potentially a felony. Cases of third and fourth offenders involving higher BAC levels can carry a prison sentence of up to five years. Even if it is only your first DUI, it is critical to put up the strongest defense possible to avoid a criminal record and significant penalties that could trigger even tougher punishment if you’re arrested on a drunk-driving charge in the future.
License suspension, ignition interlock, and driving restrictions
PennDOT typically suspends a driver’s license for a general impairment for a first DUI offense, even if an ARD. With a second conviction or a conviction with a prior ARD, a 12-month suspension is imposed. This is increased to 18 months for a third or subsequent DUI. For High and Highest Tier DUI cases, the first conviction includes the loss of driving privileges for 12 months. Multiple offenders in these tiers face an 18-month suspension. Drivers with BAC results above .10 percent and with more than one conviction must have an ignition interlock device installed, which can enable operating their vehicle on a restricted basis during the suspension period.
Additional penalties: fines, fees and long-term consequences
A DUI defendant might have to pay fees for court costs, scientific testing and alcohol education programs. These requirements are in addition to fines that can range from $300 to $10,000. Although Pennsylvania does not require drivers to submit an SR-22 form showing that they have sufficient coverage, auto insurance costs are likely to rise significantly after a motorist is found guilty of DUI. For all of these reasons, you should secure legal representation as soon as possible following a drunk-driving arrest.
How a new law affects motorists who previously received an ARD
An ARD is often an alternative to a conviction for drunk driving in Pennsylvania. The state’s Supreme Court had held that a previous ARD would qualify as a prior offense for a motorist subsequently accused of DUI. However, state legislators responded by creating a new criminal statute that effectively treats an ARD as a prior conviction for a defendant facing a subsequent DUI charge within the next 10 years.
Get a free consultation with an accomplished Pennsylvania DUI defense lawyer
Phil DiLucente & Associates, LLC in Pittsburgh advises Western Pennsylvania clients on the potential penalties associated with driving under the influence case and fights for a favorable result. For a free consultation, please call 1.800.GET.PHIL or contact us online.
