A DUI is perhaps the most serious driving offense a person can be charged with. A DUI conviction can have your license revoked, impact your future job options, dictate where you can rent a home, and more. Additionally, the criminal penalties imposed by the court can be incredibly serious, with hefty fines and the potential for time in prison. Do not let a DUI conviction change your life forever. Read on and learn more about your specific situation, and hire an experienced attorney who will aggressively fight your DUI charge.
Pennsylvania DUI Penalties Overview
It’s important to understand that, in Pennsylvania, the penalties you can face for driving under the influence will depend heavily on two factors – the BAC tier you fall into and whether or not you’ve been convicted of any prior DUI offenses.
In Pennsylvania, DUIs are categorized based on blood alcohol concentration (BAC). This is the legal standard used to measure intoxication. In Pennsylvania, the BAC tiers are:
- General impairment 0.08%-0.099%)
- High BAC (0.10%-0.159%)
- Highest BAC (0.16% or higher)
Additionally, if you have prior convictions, your current charges generally carry mandatory sentencing minimums.
First-Offense DUI Penalties in Pennsylvania
A first-offense DUI in Pennsylvania can carry consequences that can dramatically impact your life, regardless of the circumstances. However, depending on your BAC levels, the penalties typically grow even harsher. It is important to understand that a first-offense DUI will not simply go away or be taken lightly by the court – you can face serious consequences, with the potential for consequences like license suspension and time spent behind bars.
General Impairment Penalties
If you are charged with a DUI for General Impairment, meaning you have a blood alcohol content, or BAC, of .08%-.099%, you will face the following penalties:
- A $300 fine
- Up to 6 months of probation
- Participation in the alcohol highway safety school
- Treatment, if ordered by the court
- An ungraded misdemeanor
High BAC Penalties
However, if you are charged with a “High BAC” tier, meaning your BAC is between 0.10%-0.159%, then you may face the following:
- 12-month license suspension
- Between 48 hours and 6 months in prison
- An ungraded misdemeanor
- A $500-$5,000 fine
- Treatment, if ordered by the court
- Participation in the alcohol highway safety school
Highest BAC Penalties
If you are facing charges of a “Highest BAC” tier, meaning you had a blood alcohol content of 0.16% or higher at the time of your arrest, the baseline penalties you can face will increase drastically, even for a first-time offender. They are as follows:
- 12-month license suspension
- Between 72 hours and 6 months in prison
- A $1,000-$5,000 fine
- Participation in the alcohol highway safety school
- Treatment, if ordered by the courts
- An ungraded misdemeanor
Second-Offense DUI Consequences in Pennsylvania
The penalties you can face will increase if you are charged with a DUI for the second time in Pennsylvania. This is because you are now considered a “repeated offender,” ultimately prompting the court to impose more strict penalties.
The penalties imposed by the court aren’t only serious in terms of jail time or restrictions – these can have drastic impacts on your day-to-day life as well as your future. You may find yourself unable to drive for an extended period of time, while a subsequent DUI may impact your employment opportunities and professional licensing.
Second-Offense General Impairment DUI Penalties
Here are some of the consequences those charged with a second-offense DUI in Pennsylvania typically face:
- 12-month license suspension
- Between 5 days and 6 months of jail time
- A $300-$2,500 fine
- Participation in the alcohol highway safety school
- Mandatory installation of the ignition interlock device for one year
- Treatment, if ordered by the courts
- An ungraded misdemeanor
Ignition Interlock Device
An ignition interlock device (IID) prevents a vehicle from starting unless a breath sample is provided and registers below the pre-programmed limit. An ignition interlock device:
- Places restrictions on what vehicle you can drive and who can drive your car
- Can make traveling for work more complicated
- Can ultimately lock out your vehicle in the event of a false positive
You should also note that, if you are required to install one of these devices in your vehicle, you will be responsible for the cost of the device, installation, and any monthly monitoring fees associated with the device.
Third or Subsequent DUI in Pennsylvania
If you have been charged with a DUI for the third time, the penalties you can face pose the risk of completely altering your life. The risk of jail time increases substantially, and you may lose your license for an extended period of time. Additionally, depending on the unique circumstances of your case, a third or subsequent DUI may be treated as a felony offense, such as in the event of injury or other aggravating factors. In fact, because these cases are so severe, they are often treated as full-fledged investigations, with evidence review and discovery, technical testing challenges, and the need for mitigation strategies.
Third-Offense DUI General Impairment Penalties
If this is your third or subsequent offense DUI in Pennsylvania, you cannot afford to wait. You must hire an experienced attorney as soon as you can. You are facing the following:
- 12-month license suspension
- Between 10 days and 2 years in prison
- A $500-$5,000 fine
- Treatment, if ordered by the courts
- Mandatory installation of the ignition interlock device for one year
- 2nd-degree misdemeanor
Are There Additional Consequences I Can Expect?
A DUI can result in additional penalties that impact your day-to-day life, in addition to the consequences imposed by the Pennsylvania criminal courts. A DUI conviction, regardless of whether it is a first, second, or third offense, will leave a permanent mark on your criminal record, ultimately impacting many different facets of your life.
Employment and Background Checks
A DUI offense can appear on:
- Employer screening results
- Security clearance checks
- Professional board reviews
Additionally, a DUI poses serious risks for those in industries like trucking, nursing, teaching, or any profession that involves driving.
Insurance Rate Complications
When you are charged with a DUI, even for a first offense, you will generally be classified as a high-risk driver. This can result in significant increases in your insurance premiums, which may remain for years. Additionally, some insurers will drop a driver after a DU charge or conviction. Depending on your current policy, you will generally be required to obtain SR-22 insurance coverage.
What Happens After a DUI Arrest in Pennsylvania?
Following a DUI arrest in Pennsylvania, your first concern may be how much time you will spend behind bars. However, there are a number of stages that you must navigate, and how you proceed through each can have a significant impact on the outcome of your case. That is why early legal intervention is key in DUI cases in Pennsylvania.
Standard DUI Process
- Typically have to submit to additional chemical testing after your arrest
- The charges will be formally filed against you in accordance with the Pennsylvania Vehicle Code
- The court process will begin, which includes:
- Arraignment and bail
- Preliminary hearing
- Pretrial motions and conferences
- Plea or Trial
- Sentencing
PennDOT Consequences
As mentioned, a DUI can result in a number of consequences, including administrative penalties imposed by the Pennsylvania Department of Transportation. These can include:
- License suspensions
- Intense restoration requirements
- Alcohol treatment or education courses
Contact Our Experienced Pennsylvania Firm
A DUI charge can potentially affect you for the rest of your life. This is why if you or someone you know has been charged with a DUI, you must contact the Law Offices of Ilkhanoff & Silverstein today. Our attorneys are experienced and skilled in DUI defense. Do not let a simple mistake follow you forever. Hire a firm that is ready to fight.
