Understanding DUI Law and Charges in Pennsylvania

arrested for DUI

Pennsylvania drunk driving law is strict and depending on your blood alcohol content level (BAC) at the time of arrest, you are facing jail time, license suspension and large fines, not to mention a criminal record. The penalties below provide guidelines for what you may expect upon conviction.

These penalties may be steeper if you had other charges filed against you at the time of the arrest, if there was an automobile accident involved or a DUI with injuries. If you are a CDL holder, the penalties are typically one grade higher. If you refuse a blood test, you are automatically punishable under the highest BAC level.

Penalties for DUI Charges

First-time DUI

The sentencing range for a first-time DUI for a driver with a BAC level of .08% to .159% includes a one-year license suspension and a fine of up to $5,000, among other penalties.

Multiple DUI Arrests

Pennsylvania treats subsequent DUI offenders harshly. If you have already been convicted of a first DUI, or second DUI, you face severe consequences with a 3rd DUI or subsequent conviction.

A 3rd DUI conviction could mean:

  • Spending a mandatory of one year in prison
  • An 18 month license suspension
  • A first degree misdemeanor on your criminal record
  • Up to $10,000 in fines

Other penalties include much higher car insurance premiums or an inability to obtain insurance and a mandatory one-year of being under the Ignition Interlock program.

Third Time DUI Conviction Penalties

A third time DUI defendant with the highest BAC level (.16 AND HIGHER) faces the following penalties:

  • A first degree misdemeanor on your criminal record
  • License Suspension – Eighteen Months
  • Minimum of one to five years in prison
  • A $2,500 to $10,000 Fine
  • Mandatory Drug and Alcohol Assessment and Treatment
  • Mandatory Ignition Interlock Program – One Year

A third time DUI defendant with a high BAC level (.10 – .159) faces the following penalties:

  • A first degree misdemeanor on your criminal record
  • License Suspension – Eighteen Months
  • Minimum of 90 days to five years in prison
  • A $1,500 to $10,000 Fine
  • Mandatory Drug and Alcohol Assessment and Treatment
  • Mandatory Ignition Interlock Program – One Year

A third time DUI defendant with a BAC level of the lowest level BAC (.08 – .099) faces the following penalties:

  • A second degree misdemeanor on your criminal record
  • License Suspension – One Year
  • Ten days to Two Years in Prison
  • A $500 to $5,000 Fine
  • Mandatory Drug and Alcohol Assessment and Treatment
  • Mandatory Ignition Interlock Program – One Year

Fourth Time DUI Conviction Penalties

A fourth DUI defendant with the highest BAC level (.16 AND HIGHER) faces the following penalties:

  • A first degree misdemeanor on your criminal record
  • License Suspension – Eighteen Months
  • Minimum of one to five years in prison
  • A $2,500 to $10,000 Fine
  • Mandatory Drug and Alcohol Assessment and Treatment
  • Mandatory Ignition Interlock Program – One Year

A fourth DUI defendant with a high BAC level (.10 – .159) faces the following penalties:

  • A first degree misdemeanor on your criminal record
  • License Suspension – Eighteen Months
  • One to Five Years in Prison
  • A $1,500 to $10,000 Fine
  • Mandatory Drug and Alcohol Assessment and Treatment
  • Mandatory Ignition Interlock Program – One Year

A fourth DUI defendant with a BAC level of the lowest level BAC (.08 – .099) faces the following penalties:

  • A second degree misdemeanor on your criminal record
  • License Suspension – One Year
  • Ten Days to Two Years in Prison
  • A $500 to $5,000 Fine
  • Mandatory Drug and Alcohol Assessment and Treatment
  • Mandatory Ignition Interlock Program – One Year

Other Consequences of a Third DUI or Subsequent Conviction

If you are convicted of a third DUI or fourth DUI you face other indirect penalties you face, like losing your job, an inability to provide for your family if you go to prison. Other financial penalties may also apply such as an increase in auto insurance premiums and other court costs.

A misdemeanor on your public criminal record will also create difficulties in finding employment, finding housing and getting into colleges or universities. A third DUI can have a detrimental impact on your entire future. If you are facing a DUI felony charge such as vehicular homicide, it is critical you speak to an experienced DUI lawyer.

DUI Felony Charges and Penalties in Pennsylvania

A person can be charged with a felony DUI if a person (other than the driver) was injured or killed due to an automobile accident while DUI. Even the slightest injury can result in a DUI felony charge. The injured victim could be a passenger in your vehicle, a person in another vehicle, a person on a bicycle or a pedestrian on the sidewalk or street.

A DUI Felony conviction can mean a fine of up to $5,000, a DUI suspended driver’s license for up to one year and up to six months in jail. =

Aggravated Assault by Vehicle

If a driver is suspected of DUI and is found to have recklessly endangered someone’s life – a passenger or other persons in another vehicle – he or she can also be charged with aggravated assault by vehicle, a second-degree felony. An Aggravated Assault by Vehicle conviction can include up to ten years in prison and up to a $25,000 fine, among many other tough penalties.

Vehicular Homicide

If a person is killed at the scene of the accident, a suspected DUI driver can be charged with DUI Homicide, a second-degree felony.

Many people suffer from substance abuse problems and haven’t been able to receive the treatment they need. Fighting for treatment programs in lieu of jail time could be one possible solution. Speak to an attorney about the admission process for these diversionary programs. As soon as you have been charged with a DUI, talk to an experienced and aggressive Pittsburgh DUI Attorney to learn more about your options and how best to fight the charges and the penalties you face.

It is important to remember that being arrested for a third offense DUI does not necessarily mean you will be convicted. There are several ways of winning a DUI case in Pittsburgh.

It is possible to fight back and to protect your freedom. An experienced Pittsburgh DUI Lawyer can help you determine your options and fight your charges so you can move forward with your life. It is possible to have your case completely dismissed, especially if your arrest was not warranted or the police did not follow procedures. In addition, an experienced attorney can help in getting your sentencing reduced.  Contact Pittsburgh DUI lawyers at SMT Legal for a free legal evaluation of your case.

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