dui driver

Getting charged with a DUI can alter someone’s entire life, especially if you don’t have the right lawyer to help you out. Penalties for DUI conviction vary from state to state, so you may wonder whether a DUI could be considered a felony charge in Pennsylvania. To learn more about DUI charges and the consequences that come along with them, read on or reach out to a York County, PA DUI Attorney today.


Most DUI offenses are considered a misdemeanor in Pennsylvania. Usually, only serious DUI offenses could be labeled as a felony. First-time and second-time DUI offenses are both generally categorized as misdemeanors, while third-time or repeat DUI offenses could be considered second-degree misdemeanors. First-time DUI offenses are always considered ungraded misdemeanors no matter the driver’s blood alcohol concentration level, unless the drunk driver injured someone. A felony charge becomes more possible if the drunk driver causes an accident and injures someone while driving under the influence. You could also face a felony charge if you committed aggravated assault while under the influence. If you drove while intoxicated and caused an accident that killed someone, you would most likely face a felony charge.


The penalties vary depending on the driver’s blood alcohol concentration level, the driver’s criminal history, and the circumstances of the DUI charge. First-time offenses normally have the least severe consequences, which gives your defense attorney a better shot at convincing the judge to give reformation solutions rather than harsh punishment. Most of the time, first-time offenses face a $300 fine, up to six months of probation, participation in an alcohol highway safety school, and/or treatment if necessary. Second-time offenders might be penalized with a fine up to $2,500, a year-long license suspension, up to six months of jail time, one year with an ignition interlock device, along with participation in an alcohol highway safety school and treatment if necessary.

A third DUI offense is considered a repeated offense, so the penalties will likely be the most severe. Repeated offenses are considered a higher degree of a misdemeanor. Similar to second-time offenders, repeat offenders also normally face a one-year driver’s license suspension, one year with an ignition interlock device, and treatment if necessary. However, repeat offenders may be penalized with up to $5,000 in fines and up to two years in prison.

Are you facing a DUI charge? You don’t have to do it alone! Ilkhanoff & Silverstein are on your side. Contact us today for an initial consultation with one of our seasoned and effective DUI attorneys.