Pennsylvania, along with every other state in the nation, has implemented DUI laws to deter the rates of drinking and driving. In order for authorities to prove impairment and constitute the crime of driving while under the influence, each state has adapted a legal limit. The legal limit, which is .08 in Pennsylvania, dictates that a certain quantity of alcohol in the system of a motorist causes impairment, and is therefore illegal. If officers discover that the blood alcohol concentration (BAC) level of a defendant exceeds the legal limit, he or she will be charged with a DUI.
If you have been arrested and charged with a DUI, it's important you gain an understanding of your state's laws, and the potential penalties you will be obligated to face in light of a conviction. In addition to weighing the consequences, you'll hopefully come to the conclusion that legal counsel is the best and only option for those who intend on prevailing in a DUI case.
BAC Level
Pennsylvania authorities abide by what's called a “per se” law when suspecting and ultimately arresting people for a DUI. In the event that an officer claims to have a reasonable suspicion that you are impaired by alcohol, they can administer a breathalyzer, urine, or blood test for a motorist to take. The findings of these tests will reveal your BAC level.
If your BAC comes out to .08 or more, which is the equivalent of a few drinks for most people, you will be charged with a DUI. However, if an officer has reason to believe that you consumed drugs too, you can be arrested for having even a lower BAC result.
Testing must be conducted within two hours of the initial arrest. Motorists who refuse to comply with testing will be guilty of violating Pennsylvania's “implied consent law.” Refusing to test will warrant penalties of a lengthy license suspension.
Philadelphia's Three-Tier System
Philadelphia has adapted a three-tier system that determines the severity of a penalty based on the amount of alcohol in a person's blood. The three tiers and their penalties are as follows:
First Tier / General impairment (BAC of .08 to .099)
First offense
- Up to six months of probation
- $300 fine
- Alcohol highway safety school
- Drug or alcohol treatment (if ordered)
Second offense
- Five days to six months in jail
- A fine up to $2,500
- 12-month license suspension
- 1-year ignition interlock installation
- Alcohol highway safety school
- Drug or alcohol treatment (if ordered)
Subsequent Offenses
- Ten days to two years in prison
- A fine up to $5,000
- 12-month license suspension
- 1-year ignition interlock installation
- Drug or alcohol treatment (if ordered)
Second Tier / High Impairment (BAC of .10 to .159)
First offense
- Two days to six months in prison
- Up to $5,000 in fines
- 12-month license suspension
- 1-year ignition interlock installation
- Alcohol highway safety school
- Drug or alcohol treatment (if ordered)
Second offense
- 30 days to six months in prison
- Up to $5,000 in fines
- 12-month license suspension
- 1-year ignition interlock installation
- Alcohol highway safety school
- Drug or alcohol treatment (if ordered)
Subsequent Offenses
- 90 days to five years in prison
- Up to $10,000 in fines
- 18-month license suspension
- 1-year ignition interlock installation
- Drug or alcohol treatment (if ordered)
Third Tier / Highest Impairment (.16 or above)
First offense
- Up to six months in prison
- A fine of up to $5,000
- 12-month license suspension
- Alcohol highway safety school
- Drug and alcohol treatment (if ordered)
Second offense
- Up to five years in prison
- A fine of up to $10,000
- 18-month license suspension
- Ignition interlock installation for one year
- Alcohol highway safety school
- Drug and alcohol treatment (if ordered)
Subsequent Offenses
- Up to five years in prison
- A fine of up to $10,000
- 18-month license suspension
- Ignition interlock installation for one year
- Drug and alcohol treatment (if ordered)
Pennsylvania Criminal Defense Attorney
If you have been charged with a DUI, you don't have to plead guilty or take a plea deal to get these charges behind you. Having a DUI on your criminal record can keep you from finding a job, joining the military, and accessing certain rights. Don't go down without a fight. Contact our skilled Criminal Law Team today for help.
