What are the Penalties for a DUI in Pennsylvania?
In Pennsylvania, the penalties for a DUI (driving under the influence) conviction depend on several factors, including the driver's BAC (blood alcohol concentration), the number of prior DUI convictions, and whether anyone was injured or killed a result of the DUI.
For a first-time DUI offense with a BAC of 0.08% to 0.099%, penalties may include the following:
- A fine of up to $300
- A minimum of 6 months probation
- Mandatory attendance at an alcohol safety school
- Possible alcohol or drug treatment
- License suspension for up to 12 months
For a first-time DUI offense with a BAC of 0.10% to 0.159%, penalties may include the following:
- A fine of up to $5,000
- A minimum of 48 hours imprisonment, up to 6 months
- License suspension for up to 12 months
- Possible installation of an ignition interlock device
For a second DUI offense, penalties may include the following:
- A fine of up to $5,000
- A minimum of 5 days' imprisonment, up to 6 months
- License suspension for up to 18 months
- Possible installation of an ignition interlock device
For a third or subsequent DUI offense, penalties may include the following:
- A fine of up to $10,000
- A minimum of 10 days' imprisonment, up to 2 years
- License suspension for up to 18 months
- Possible installation of an ignition interlock device
These penalties are not comprehensive and may vary depending on the specific circumstances of your case. If you've been charged with a DUI in Pennsylvania, consulting with an experienced Montgomery County DUI lawyer who can help you understand your legal rights and build a solid defense to protect your future is essential.
Is a DUI a Felony in Pennsylvania?
In Pennsylvania, a DUI (driving under the influence) charge can be either a misdemeanor or a felony, depending on the circumstances of the offense.
A first-time DUI offense with a BAC (blood alcohol concentration) of less than 0.16% is typically classified as a misdemeanor in Pennsylvania. However, if the offense involves aggravating circumstances, such as causing an accident resulting in injury or death, or the driver has prior DUI convictions, it may be charged as a felony.
A DUI can be charged as a third-degree felony if it is the third or subsequent DUI offense, or if the offense involved certain aggravating factors such as causing an accident resulting in severe injury or death, or if the driver was operating a commercial vehicle at the time of the offense.
A felony conviction can have severe and long-lasting consequences, including significant fines, lengthy imprisonment, and difficulty finding employment or housing.
Defenses Against DUI Charge's
If you've been charged with a DUI (driving under the influence) in Pennsylvania, there are several defenses that your attorney may be able to use to challenge the charges against you. Here are a few common DUI defenses:
- Challenging the validity of the traffic stop - If the police officer did not have a valid reason to pull you over, any evidence obtained during the stop may be suppressed, including the results of any field sobriety tests or breathalyzer tests.
- Challenging the accuracy of field sobriety tests - Field sobriety tests such as the walk-and-turn or one-leg stand tests are often used to establish probable cause for a DUI arrest. However, these tests can be subjective and may not accurately reflect a driver's level of impairment.
- Challenging the accuracy of a breathalyzer or blood test results - Breathalyzers and blood tests are often used to measure a driver's BAC (blood alcohol concentration). However, these tests can be prone to errors and may be challenged if there are issues with the testing equipment or procedures.
- Arguing that there was no actual impairment - In some cases, a driver may have a BAC over the legal limit but may not be impaired. For example, a driver accustomed to consuming large amounts of alcohol may not show signs of impairment even with a high BAC.
- Arguing that the driver's rights were violated - If the police officer did not follow proper procedures during the arrest or the driver's rights were violated in some other way, the charges may be dismissed.
It's important to note that every DUI case is different, and the best defense strategy will depend on the specific circumstances of your case. If you've been charged with a DUI in Pennsylvania, consulting with an experienced DUI attorney who can help you understand your legal rights and build a strong defense on your behalf is essential.
Alternatives to Prison & License Suspension
In Pennsylvania, drunk-driving offenders receive mandatory jail time and license suspensions for DUI convictions. Those consequences only get worse with multiple violations. You need an experienced criminal defense attorney to fight the charges or help you seek a sentence that minimizes the damage to your life.
Our lawyers have a strong background defending clients charged with DUI. We are tough negotiators who help first-time DUI offenders avoid jail time by entering the Accelerated Rehabilitative Disposition program. By doing so, our clients maintain a clean record, potentially save their jobs, and prevent their insurance rates from escalating. We can also reduce jail time and limit license suspension for many clients by negotiating for community service.
Sealing and Expunging a DUI
If you have been arrested for a DUI in Pennsylvania, you may wonder if it's possible to have your record sealed or expunged. Sealing or expunging your record means that your criminal record will no longer be available to the public, which can be helpful for employment, housing, and other purposes. However, sealing or expunging a DUI in Pennsylvania can be complex and depends on the specific circumstances of your case.
In Pennsylvania, it is possible to have a DUI record expunged in certain limited circumstances. Under Pennsylvania law, a DUI record may be expunged if:
- The individual was placed on Accelerated Rehabilitative Disposition (ARD) and completed the program successfully
- The individual was convicted of a first-time DUI offense and has completed a period of probation without any violations
- The individual was under the age of 18 at the time of the offense and has completed all court-ordered requirements
If you meet one of these criteria, you may be eligible to have your DUI record expunged. However, it's important to note that expungement is not automatic, and you must file a petition with the court and attend a hearing.
Sealing a DUI record is another option that may be available in certain circumstances. In Pennsylvania, a DUI record may be sealed if:
- The individual was charged with a DUI but not convicted
- The charges were dismissed or withdrawn
- The individual was found not guilty at trial
- The individual completed a diversion program or other pre-trial intervention program
Sealing a record means it will still be available to law enforcement and certain government agencies but not to the public. Like expungement, sealing a record requires filing a petition with the court and attending a hearing.
If you're interested in having your DUI record sealed or expunged in Pennsylvania, it's essential to work with an experienced DUI lawyer in Montgomery County who can guide you through the process and help you understand your legal rights.
Contact Our DUI Attorney in Montgomery County Today
If you have been charged with a DUI in Pennsylvania, seeking legal help from an experienced attorney who can guide you through the legal process and protect your rights is crucial. Our skilled DUI lawyer in Montgomery County will review the evidence against you and help you understand your legal options. Contact Solomon, Berschler, Campbell & Thomas, P.C. today to start your defense!
Contact Solomon, Berschler, Campbell & Thomas, P.C. today to schedule a FREE consultation with our Montgomery County DUI lawyer!
