Aggressive Defense DUI Attorney

As a first-time alcohol offender, the penalties you’ll face depend on how much alcohol is in your bloodstream, also known as your Blood Alcohol Content (BAC). The legal BAC limit for the state of Pennsylvania is 0.08%. For first-time offenders with a BAC between 0.08% and 0.099%, you’ll face up to six months on probation, at least $600 in fines, and treatment as ordered by the judge. There is no mandatory jail time for first-time offenders whose BAC falls in this range.

First-time offenders with a BAC between 0.10% and 0.159% will face a jail sentence between two days and six months, a license suspension lasting up to a year, and fines ranging between $500 and $5000. This second level of impairment for first-time offenders changes depending on whether the offender is a minor, a school bus driver, or a commercial vehicle driver.

The highest level of impairment for first-time offenders is a BAC of 0.16% or higher. However, those who refuse to submit to a breath test or search warrant for blood, as well as those found with a controlled substance in their system, will also face these charges. The penalties for these first-time offenders include a mandatory prison sentence ranging between three days and six months, a license suspension of up to a year, and maximum fines ranging from $1000 to $5000.

First-time offenders at all these levels must attend DUI school and are usually ARD eligible. However, only offenders at the two highest levels of impairment can have an Interlock system installed on their car.

Like first-time offenders, there are similar tiers for second-time offenders as well, and the BAC impairment percentages are the same. Second-time offenders with a BAC ranging between 0.08% and 0.099% face a mandatory prison sentence ranging between five days and six months as well as maximum fines of up to $2500. However, second-time offenders who refuse to take a breath test will immediately face these charges.

If a second-time offender has a BAC between 0.1% and 0.159%, they will face a maximum prison sentence ranging between 30 days and six months, a license suspension of up to one year, and maximum fines of up to $5000.

Second-time offenders whose BAC is higher than 0.16%face a mandatory prison sentence ranging between 90 days and five years, a license suspension of up to 18 months, and maximum fines of up to $10,000.

All second-time offenders must attend DUI school and have an Interlock system installed on their vehicle for up to a year. Second-time offenders at the two lowest levels of impairment can have their Interlock system removed after a year. Second-time offenders at the highest level of impairment are eligible after nine months to have their Interlock system removed. Only second-time offenders at the lowest level of impairment are ARD eligible under special circumstances.

Like first and second-time offenders, there are three tiers of impairment for third-time alcohol-related DUI offenders. Third-time offenders at the lowest level of impairment, the BAC for which ranges between 0.08% and 0.099%, face a mandatory prison sentence ranging between 10 days and two years, a license suspension lasting up to a year, and maximum fines of up to $5000.

Third-time offenders at the second level of impairment have a BAC ranging between 0.10% and 0.159%. They face a mandatory prison sentence ranging between 90 days and five years, a license suspension lasting up to 18 months, and maximum fines of up to $10,000.

Naturally, third-time offenders at the highest level of impairment face a hefty mandatory prison sentence ranging from one to seven years. Their licenses will also be suspended for 18 months, and they will have to pay maximum fines of up to $15,000.

All alcohol-related DUI charges excepting the third-time offender charge at the highest level of impairment are misdemeanors. A third-time alcohol-related DUI charge at the highest level of impairment is considered a third-degree felony. All third-time offenders must attend DUI school and have their Interlock system installed on their care for a year. Third-time offenders at the lowest level of impairment are eligible to have this system removed after six months, whereas third-time offenders at the two higher levels of impairment are eligible after nine months.

Pennsylvania classifies its DUI charges for controlled substances on two bases: per se-based and impairment-based. The former refers to the state not having to prove the driver was impaired at the time of arrest for Schedule I and II drugs, including cocaine, opiates, cannabinoids, amphetamines, hallucinogens, methadone, sedatives, and hypnotics.

On the other hand, the latter refers to impairment from drugs not mentioned in the list above. If a driver was charged with a Drug DUI when impaired by another drug not mentioned on this list, then the prosecution must prove that the offender was impaired at the time of driving. This is usually very difficult to do. However, keep in mind that charged offenders who had a Schedule I or II drug in their system at the time of arrest can be charged on a per se and impairment basis.

If you kill someone while operating a vehicle under the influence in the state of Pennsylvania, you will be charged with a Homicide by Vehicle While DUI. To be convicted of this charge, the prosecution must prove that you were driving under the influence at the time of the death and that the death resulted in your actions while driving under the influence.

The penalties for these convictions are rather complicated. Homicide by itself is a second-degree felony in Pennsylvania that carries a maximum prison sentence of 10 years. However, if you are convicted of Homicide by Vehicle While DUI, you will receive a homicide penalty for each person that died in the accident because of your driving under the influence. To illustrate this, you will face a maximum 30 years in prison if you kill three people while driving under the influence. This translates to 10 years for each person killed, giving you more reason to never drink and drive.

These penalties can become even steeper is you are convicted of Homicide by Vehicle While DUI with a DUI already on your criminal history. At this point, the charge will be upgraded to Murder of the Third Degree, which means that the prosecution must prove that you killed the other person with malicious intent. The prosecution does not have to prove that it was intentional or premeditated. For this upgraded charge, the maximum prison sentence is 40 years, while the minimum is six or seven years.

If you are operating a vehicle under the influence and hurt another driver, passenger, or pedestrian, you will be charged with Aggravated Assault While DUI, which can be either a third-degree or second-degree felony in the state of Pennsylvania. A third-degree felony conviction of this crime can earn you up to seven years in prison, while a second-degree felony will get you up to ten years in prison. The victim’s injuries do not necessarily have to be life-threatening, nor does the driver have to be the person who caused the accident to get charged with this crime.

A license appeal for a DUI is necessary because a DUI conviction often results in the suspension or revocation of your driver's license, which can significantly impact your daily life, including your ability to work, attend school, and fulfill personal responsibilities. An appeal provides an opportunity to challenge the suspension, seek a reduction in the suspension period, or request a restricted or hardship license that allows you to drive under certain conditions. Successfully appealing a license suspension can help mitigate the consequences of a DUI and restore your driving privileges.