DRIVING UNDER THE INFLUENCE
Some of your friends or loved ones may advise you to represent yourself in court if this is your first offense, or to retain an attorney who does not concentrate their practice in DUI. However, given the deceptively complex nature of the charges, and their heavy consequences, you could find yourself without a driver’s license or in jail without really understanding what you (or your lawyer) did (or didn’t do) to place you in that situation. Call the Pittsburgh DUI Attorney Steven C. Townsend for a free consultation.
DUI – ALCOHOL
DUI – DRUGS (PRESCRIPTION / NON-PRESCRIPTION)
CDL DRIVERS LICENSE
HOMICIDE BY VEHICLE
AGGRAVATED ASSAULT BY VEHICLE
UNDERAGE VIOLATIONS
WHAT HAPPENS WHEN YOU GET PULLED OVER? CALL US TO LEARN ABOUT YOUR RIGHTS.
FIELD SOBRIETY TESTS
SOBRIETY CHECKPOINTS – ROADBLOCKS
DUI VIDEO AND AUDIO RECORDINGS
MIRANDA WARNINGS
PA DUI REFUSAL
HOW DO THE CHEMICAL TESTS WORK?
BREATH TESTING
BLOOD TESTING
URINE TESTING
HOW ALCOHOL IS ABSORBED, DISTRIBUTED AND ELIMINATED
PA DUI SENTENCING
SENTENCES FOR 1ST, 2ND, 3RD OR MORE
LOOK-BACK PERIOD FOR PRIOR DUIS
JAIL / FINES
DRIVER’S LICENSE SUSPENSIONS
FELONY DUI INQUIRY
AGGRAVATED ASSAULT WHILE UNDER THE INFLUENCE
HOMICIDE WHILE UNDER THE INFLUENCE
PA DUI SENTENCING ALTERNATIVES
IGNITION INTERLOCK DEVICES
REHABILITATION
DUI HOTEL
DUI COURT
You could accept a plea bargain that you shouldn’t accept under the circumstances. You could make a critical mistake that prevents you from getting your license back in a timely manner. Pennsylvania arrest and criminal records will generally remain for the rest of your life. Consequently, you could also spend the rest of your life learning the “hard way,” in hindsight, about the consequences of the potentially poor decisions you made without the benefit of competent DUI defense counsel. By that time, however, the damage will have already been done.
Pennsylvania DUI law changed in October of 2003 when the allowable BAC was lowered from .10% to a BAC of .08%. Then on February 1, 2004, a series of new penalties went into effect for those who get convicted of Pennsylvania DUI (or driving under the influence in Pennsylvania). The new penalties fall into a new three tier punishment system throughout the Commonwealth of Pennsylvania.
Consequences that can flow from a DUI arrest and prosecution include: loss of your driver’s license, heavy fines, court costs and extensive administrative fees, probation, jail or state prison, vehicle impoundment or forfeiture, an ignition interlock device put on your car, etc. Pennsylvania treats Driving Under the Influence (“DUI”) seriously. The DUI laws are strict.
Aside from the more obvious legal consequences of dealing with the police, the courts, and the Department of Motor Vehicles (“DMV”), there are practical consequences that often flow from a DUI arrest or conviction. Since DUI is a crime, and a DUI conviction will give you a permanent “criminal” record, you could lose your job or be prevented certain future employment – especially if it is State job, is law enforcement associated, or involves driving. If you are a commercial driver, you could lose your privilege to drive commercially for at least one year. A DUI conviction can cause your insurance rates to skyrocket; sometimes insurance companies will cancel your coverage altogether. There are other, “hidden” DUI penalties, such as limitations on travel outside of the state or abroad. A DUI prosecution and conviction may bring community service and substance abuse treatment.
| TYPE OF DUI | 1st PA DUI | 2nd PA DUI | 3rd PA DUI |
| General ImpairmentIncapable of Safely Driving OR BAC 0.08 – 0.99 % | $300 fine | $300 – $2500 fine | $400 – $2500 fine |
| alcohol highway safety school | alcohol highway safety school | ||
| 12 month license suspension | 12 month license suspension | ||
| five days to six months jail | ten days jail to two years prison | ||
| one year ignition interlock device | one year ignition interlock device | ||
| 1st PA DUI | 2nd PA DUI | 3rd PA DUI | |
High BAC BAC 0.10 – 0.159 % OR DUI with a Minor Driver OR DUI in Commercial Vehicle | $500 – $5000 fine | $750 – $5000 fine | $1500 – $10,000 fine |
| alcohol highway safety school | alcohol highway safety school | ||
| 12 month license suspension | 12 month license suspension | 18 month license suspension | |
| 48 hours to six months jail | 30 days to six months jail | 90 days jail to five years prison | |
| one year ignition interlock device | one year ignition interlock device | ||
| 1st PA DUI | 2nd PA DUI | 3rd PA DUI | |
| Highest BAC BAC 0.16 % or greater OR Controlled Substance DUI OR Incapable of Safely Driving and BAC Refusal | $1000 – $5000 fine | $1500 – $10,000 fine | $2500 – $10,000 fine |
| alcohol highway safety school | alcohol highway safety school | ||
| 12 month license suspension | 18 month license suspension | 18 month license suspension | |
| 72 hours to six months jail | 90 days jail to five years prison | one year to five years prison | |
| one year ignition interlock device | one year ignition interlock device |
Pennsylvania DUI Law Tier 1:
Tier 1 is considered General Impairment. General impairment is meant to describe those with BAC levels between .08% and .099%, and no property damage resulting from the DUI offense.
Pennsylvania DUI Law Tier 2:
Tier 2 is considered a high rate of blood alcohol. This is for those with BAC levels between .10% and .159% (the BAC level must be measured within 2 hours of actually operating the vehicle), and those with resultant property damage or personal injury from the DUI offense. Even those with General Impairment BAC levels (less than .10%) can be placed in the Tier 2 category if there was property damage or personal injury.
Commercial drivers with a .04% BAC level and above and minors (under age 21) with BAC levels at or above .02% will also be considered Tier 2.
Pennsylvania DUI Law Tier 3:
Tier 3 is reserved for the highest BAC level offenders. A Blood Alcohol Concentration of .16% or greater that is measured within 2 hours of operating a motor vehicle will land you in a Tier 3 status. Anyone who refuses to submit to a chemical test and have their BAC measured will be placed into Tier 3 status as well. In addition to a high BAC, any illegal drug(s) (if prescription drugs you must have a valid prescription) will also land you in Tier 3 status.
Pennsylvania DUI Punishments
PA Tier 1 Punishments
1st Offense PA DUI: No loss of driving privileges, six months maximum of probation, fine of $300 dollars, attendance at a DUI Driving School (highway, alcohol and safety program).
2nd Offense PA DUI: drivers license suspended for 12 months, jail time from 5 days to 6 months, fine of $300 – $2,500, DUI Driving School (highway, alcohol and safety program), ignition interlock system for 1 year (if court orders).
3rd Offense PA DUI: drivers license suspended for 12 months, jail time from 10 days to 2 years, fine of $400 – $2,500, DUI Driving School (highway, alcohol and safety program), ignition interlock system for 1 year.
PA Tier 2 Punishments
1st Offense PA DUI: drivers license suspended for 12 months (occupational license eligibility after 60 days), jail time from 48 hours to 6 months, fine between $500 – $5,000, DUI Driving School (highway, alcohol and safety program).
2nd Offense PA DUI: drivers license suspended for 12 months, jail time from 30 days to 6 months, fine(s) between $750 – $5,000, DUI school (highway, alcohol and safety program), ignition interlock system for a period of 1 year.
3rd Offense PA DUI: drivers license suspended for 18 months, jail time from 90 days to 5 years, fine of $1,500 – $10,000, DUI Driving School (highway, alcohol and safety program), ignition interlock system for 1 year.
PA Tier 3 Punishments
1st Offense PA DUI: drivers license suspended for 12 months (occupational license eligibility after 60 days), jail time between 72 hours and 6 months, fine(s) between $1,000 – $5,000, attend DUI Driving School (safety, highway and alcohol program).
2nd Offense PA DUI: drivers license suspended for 18 months, jail time between 90 days and 5 years, minimum fine of $1,500, dui school (highway, safety and alcohol program), ignition interlock system for a period of 1 year.
3rd Offense PA DUI: drivers license suspended for 18 months, jail time from 1 year to 5 years, fine of $2,500 – $10,000, DUI Driving School (highway, alcohol and safety program), ignition interlock system for 1 year.
Pennsylvania DUI ARD Program
In Pennsylvania, there’s another route for dealing with a DUI called the ARD program. ARD stands for Accelerated Rehabilitative Disposition. This program is for first-time offenders, including DUI offenders, who would like to avoid the lengthy process of a trial and accept some alternate consequences.
If you have any of the following questions, please contact us for a free consultation. stownsend@pghlaw.com or toll free at 877-900-5336
Let us answer your questions.
I just got arrested for a State of Pennsylvania DUI offense. What happens now?
Will my Pennsylvania driver license be revoked / suspended?
What happens if I get caught driving while my license is suspended / revoked?
I really need to drive. Will I be able to get a restricted / conditional / probationary / occupational limited license?
Is a DUI in Pennsylvania a misdemeanor or felony charge?
What type of penalties might I face if I am convicted of an Pennsylvania DUI charge?
Will my defense lawyer be able to plea bargain / negotiate my Pennsylvania DUI charge down to another (lesser) offense?
What about Pennsylvania‘s Accelerated Rehabilitative Disposition (ARD)?
Will an Pennsylvania DUI go on “my driving record?
Just how much jail / prison time will I have to do if I am convicted of a DUI in Pennsylvania?
I am licensed to drive in a state other than Pennsylvania and I was cited for a DUI in Pennsylvania. Will my driver license be suspended?
What happens if I was on probation for another offense when I was arrested for my Pennsylvania DUI?
Will I have to install an Ignition Interlock Device on my car?
What will an Pennsylvania DUI do to my insurability?
Restore your driving privileges
By,
Attorney Steven Townsend
