In some situations, Pennsylvania law and Chester County law enforcement can be lenient. But when it comes to driving under the influence, you shouldn't ever expect to get off easy. Pennsylvania, along with many other states, imposes strict DUI laws to deter people from committing this crime. This means that the consequences for a conviction can be extreme.
Pennsylvania law will take into account the last 10 years of your driving history to determine if this is your third DUI. If you know this isn't your first DUI charge, it's important you understand that Chester County judges aren't likely to exercise mercy when convicting repeat offenders. Therefore, being charged with a third DUI can expose you to extremely severe penalties, such as a long prison sentence, license suspension, and thousands of dollars in fines.
Regardless of your reason for arrest, you have the right to an attorney. The LLF Law Firm will give you a rundown of the laws and penalties for a third offense DUI in Chester County.
Chester County DUI Laws and Penalties
DUIs are categorized and charged based on a driver's blood alcohol content (BAC) and driving history. In order to be convicted, it must be proven beyond a reasonable doubt that your BAC is over the legal limit, which is .08% in Pennsylvania.
The Commonwealth of Pennsylvania defines three tiers of impairment based on your BAC.
General Impairment: BAC between .08% and .099%
If your level of impairment falls under the general impairment tier, you'll be charged with a second-degree misdemeanor. This DUI conviction warrants penalties of:
- A prison sentence of 10 days to 2 years
- License suspension for 12 months
- Fines between $500 and $5,000
- The installation of an ignition interlock device for one year
- An alcohol safety class and/or substance abuse treatment if applicable
High Impairment: BAC between .10% and 0.159%
If your level of impairment falls under the high impairment tier, you'll be charged with a first-degree misdemeanor. This DUI conviction leads to penalties of:
- A prison sentence of 90 days to 5 years
- License suspension for 18 months
- Fines between $1,500 to $10,000
- The installation of an ignition interlock device for one year
- An alcohol safety class and/or substance abuse treatment if applicable
Highest Impairment: BAC of .16% or higher
If your level of impairment constitutes the highest impairment tier, you'll be charged with a third-degree felony. This DUI conviction warrants penalties of:
- 1-year mandatory minimum and a maximum sentence of up to 7 years in prison
- License suspension for 18 months
- Fines up to $15,000
It's important to note that refusing a blood or breath test after an arrest will lead to an automatic charge under the “highest impairment” category, regardless of your BAC. A conviction for high impairment, as mentioned above, is a third-degree felony.
Facing DUI Charges? Call Me Today
In DUI cases, making sure your rights are protected and fought for is critical. This is why you need an aggressive criminal defense attorney in your corner. LLF Law Firm's Criminal Law Team has extensive experience helping clients overcome DUI charges, and they can do the same for you. Contact them today at 888-535-3686.
