Dedicated to DUI Defense in Pennsylvania!
Our attorneys are among most respected DUI
Defense Attorneys in the State of Pennsylvania
If you've been charged with drunk driving / DUI / DAI / DWI in PA, you
may need help just understanding the complex charges you are facing.
Give us a call to discuss your case. As you can see, the laws can be very complicated, and the
penalties can be very serious. Get help with your case from a
highly skilled and experienced attorney like myself, who makes the study and
practice of drunk driving defense a priority and a passion.
DUI is also known in the
PA DUI statute as Driving After Imbibing Alcohol (DAI) or
Utilizing Drugs, or Driving Under the Influence of
Alcohol or Controlled Substances.
News:
3/6/08: Lebanon county now has a
DUI court to all for an intensive program of alcohol
treatment for multiple DUI offenders instead of jail. Bucks county, PA is now requiring that DUI case defendants must watch a video to be approved for an ARD in a DUI case.
PENNSYLVANIA DUI LAW
If you are
charged with a DUI in Pennsylvania, you are actually facing 2 different
legal challenges to avoid serious criminal penalties and keep your
driver's license:
- The criminal case, the consequences of which may include jail time,
mandatory alcohol education programs, and loss of driving
privileges; and
- The case where the Pennsylvania Department of
Transportation attempts to revoke the person’s driver’s license as
an administrative penalty under the rules of
implied consent.
3-TIER DUI
SYSTEM
Pennsylvania has a
3-tiered system for dealing with DUIs. The tiers are distinguished
by blood alcohol content (BAC), as follows:
-
BAC of .08% to .099%
-
BAC of .10% to .159%
-
BAC of .16% and above
The higher the blood
alcohol, the greater the punishment. There are also different
penalties for first, second, third offense, and subsequent DUIs.
All first offense DUI charges in Pennsylvania are considered
ungraded misdemeanors.
PA DUI with BAC between .08% and .099%
| DUI Offense |
BAC .08-.099% Penalty |
| 1st
Offense |
- Probation no longer than 6 months;
- $300 fine;
- Attend Alcohol Highway Safety
School; and
- Comply with the Drug and Alcohol treatment requirements
|
| 2nd
Offense |
- Mandatory 5 days in jail, but may be up to 60 days;
- Fine between $300 and $2,500;
- Attend Alcohol Highway Safety
School;
- Loss of License for 1 year;
- Ignition Interlock system in car for 1 year;
- Full Drug and Alcohol assessment
|
| 3rd
Offense |
- Mandatory 10 days in jail, but may be up to 2 years;
- Fine between $500 and $5,000;
- Loss of License for 1 year;
- Ignition Interlock system in car for 1 year;
- Full Drug and Alcohol assessment
|
PA DUI w/BAC between .10% and .159% or Injury
If your DUI charge includes:
-
a BAC between .10% and .159%, or
-
involved in an accident resulting in bodily injury, serious bodily injury or death of any person or in damage to a vehicle or other property are as follows:
| DUI Offense |
Penalty BAC .1 - .159% |
| 1st
Offense |
- Mandatory 48 hours in jail, but may be up to 6
months;
- Fine between $500 and $5,000;
- Attend Alcohol Highway Safety
School;
- Loss of License for 1 year;
- Full Drug and Alcohol assessment
|
| 2nd
Offense |
- Mandatory 30 days in jail, but may be up to 6
months;
- Fine between $750 and $5,000;
- Attend Alcohol Highway Safety
School;
- Loss of License for 1 year;
- Ignition Interlock system in car
for 1 year;
- Full Drug and Alcohol assessment
|
| 3rd
Offense |
- Mandatory 90 days in jail, but may be up to 5
years;
- Fine between $1,500 and $10,000;
- Loss of License for 18 months;
- Ignition Interlock system in car
for 1 year;
- Full Drug and Alcohol assessment
|
| 4th
Offense |
- Mandatory 1 year in jail, but may be up to 5
years;
- Fine between $1,500 and $10,000;
- Loss of License for 18 months;
- Ignition Interlock system in car
for 1 year;
- Full Drug and Alcohol assessment
|
PA BUI with BAC of .16% or Over
as follows:
| Offense |
Penalty over .159% BAC |
| 1st
Offense |
- Mandatory 72 hours in jail, but may be up to 6
months;
- Fine between $1,000 and $5,000;
- Attend Alcohol Highway Safety
School;
- Loss of License for 1 year;
- Full Drug and Alcohol assessment
|
| 2nd
Offense |
- Mandatory 90 days in jail, but may be up to 5
years;
- Fine between $1,500 and $10,000;
- Attend Alcohol Highway Safety
School;
- Loss of License for 18 months;
- Ignition Interlock system in car
for 1 year;
- Full Drug and Alcohol assessment
|
| 3rd
Offense |
- Mandatory 1 year in jail, but may be up to 5 years;
- Fine $2,500 to $10,000
- Loss of License for 18 months;
- Ignition Interlock system in car
for 1 year;
- Full Drug and Alcohol assessment
|
Under Pennsylvania law, prior DUI offenses,
for purposes of determining whether the person is a multiple
offender, are calculated as occurring within the previous 10-year
period.
Related DUI Driving Offenses
You can also be charged with
reckless or careless driving
if your driving meets those standards, and face separate charges.
In more severe instances, if the police believe you created a
serious danger to other people, you can be charged with reckless
endangerment or risking catastrophe. If you very nearly
hit someone or create a substantial negligent risk of doing so,
these reckless endangering and other charges can be extremely
serious.
Accelerated Rehabilitative Disposition (ARD)
In Pennsylvania, a
DUI offender may be eligible for an alternative disposition in some
circumstances. If you choose the
accelerated rehabilitative disposition (ARD), then you will
be subject to the following penalties:
- Alcohol Highway Safety School;
- Probation for 6 to 12 months;
- Full Drug and Alcohol assessment, if the BAC was .16% or
over, or, if the Court Reporting Network (CRN) profile report
indicates the need for further evaluation, Drug and Alcohol
counseling or treatment;
- Mandatory License suspension (listed below);
- Restitution to any person who suffered financial loss;
- Payment of any other fee or cost required by law including
fees for AHSS, evaluation and treatment;
- Other conditions the Court may establish
An individual is
eligible for ARD under the following circumstances:
- Any first offense.
- No person, other then the offender, was seriously injured or
killed.
- There was no passenger in the offender’s vehicle under the
age of 14 at the time of the offense.
Mandatory License
Suspension for ARD as follows:
- No suspension if BAC is under .10%;
- 30-day suspension if BAC is between .10% and .159%;
- 60-day suspension if BAC is .16% or greater, BAC is unknown,
the DUI involves drugs, or it involves an Implied Consent Violation;
- 90-day suspension if the operator is a minor.
All DUI punishments
include community service up to 150 hours and a Drug and Alcohol
evaluation conducted by the Court Reporting Network (CRN). If the
evaluation indicates a need for counseling, the Court then orders
the recommended treatment.
Pennsylvania Implied Consent
Violation
Any person who holds
a license to operate a motor vehicle within Pennsylvania, and is in
control of the movement of the motor vehicle, is deemed to have
given implied consent to submit to a chemical test, so long as the
requesting officer has probable cause to believe the individual was
operating under the influence.
If the driver
refuses the test, then he/she will have his/her license revoked for
1 year. In addition, the refusing individual will spend a mandatory
3 days in jail. If the operator is subsequently convicted of the
DUI, then the license suspension will be effective, consecutive to
the suspension that comes along with the conviction.
Free Legal Consultation on Pennsylvania DUI Charges
Call us anytime for help and advice on a DUI charge in
Pennsylvania. The rules and procedures in a DUI case are extremely
complicated for almost anyone to figure out by themselves. There are
license suspension procedures, chemical and scientific test
challenges, police field sobriety testing standards, and countless
other legal issues to be challenges to defend your rights in
court, and protect your freedom and right to drive.
Call us now at (800) 508-6630.
Our experienced Pennsylvania criminal
defense attorneys represent clients facing criminal charges
and DUI / Drunk Driving accusations across Eastern Pennsylvania, including Philadelphia, Harrisburg,
Lebanon, Carlisle and Lancaster, and in Bucks, Montgomery, Northampton, and Lehigh Counties. Call
anytime, there's no
obligation!
We also represent clients in Western Pennsylvania, the Pittsburgh metro
area, Allegheny County, and across the state of PA.
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