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:

  1. The criminal case, the consequences of which may include jail time, mandatory alcohol education programs, and loss of driving privileges; and
  2. 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:

  1.  BAC of .08% to .099%
  2.  BAC of .10% to .159%
  3.  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 OffenseBAC .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 OffensePenalty 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:

OffensePenalty 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 theprevious 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 givenimplied 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 (888) 412-3298.

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!

 

Please Share!Share on Facebook0Tweet about this on TwitterEmail this to someone

Free Legal Consultation

Contact me for a free legal case evaluation on any criminal charge by calling:

image description (888) 412-3298

Receive our free legal defense consultation and case evaluation.

Contact Us



 

By checking this box and clicking "Submit", you agree the phone number you provided above may be used to contact you (including autodialed, pre-recorded calls, artificial voice calls and/or SMS text). Consent is not a requirement to submitting this request.