DUI Charges

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DUI (Driving Under the Influence)

 

In Pennsylvania, “DUI” means Driving Under the Influence of Alcohol or a Controlled Substances.

If you are charged with a DUI in Pennsylvania, you need to contact an experienced attorney who is familiar and up to date with Pennsylvania DUI laws.

In addition to the criminal charges brought against you, the Pennsylvania Department of Transportation (PENNDOT) may also attempt to revoke your driver’s license as an administrative penalty under the rules of implied consent.

The DUI statute in PA is a progressive penalty statute, which means each subsequent offense gives rise to a greater penalty. Pennsylvania operates under a 3-tiered system (1st Tier; 2nd Tier and 3rd Tier) which considers your blood alcohol content (BAC) and prior offenses. It is important to note that evidence of a controlled substance is an automatic 3rd tier offense.

*All first offense DUI charges in Pennsylvania are charged as ungraded misdemeanors

1ST TIER
BAC between .08 and .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

2nd TIER
BAC is between .10 and .159%
OR

You are 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

PENALTY
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

3rd Tier
BAC is over .159% OR a BAC evidencing a controlled substance, OR  a refusal to submit to a breathalyzer test

PENALTY
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.

Failure to submit to a breathalyzer test is in violation of Pennsylvania’s Implied Consent Law

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.

The refusal of a driver to submit to a breathalyzer test automatically places him/her in the 3rd Tier for DUI sentencing purposes. If the driver refuses the test, then he/she will have his/her license revoked for 1 year. If the operator is subsequently convicted of the DUI, then the license suspension will be effective, consecutive to the suspension that is derived by the conviction.

If you or someone you care about has been charged with DUI, contact our office today for your FREE consultation.

Disclaimer
The information contained herein is dedicated to providing public information regarding Family Law issues in Pennsylvania. None of the information on this site is intended to be formal legal advice, nor the formation of attorney client relationship. Please contact our law firm for information regarding your particular case. This website is not intended to solicit clients outside the Commonwealth of Pennsylvania.