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Pennsylvania DUI Attorney

In the state of Pennsylvania, you can be charged with driving under the influence, driving while impaired, or driving after imbibing as a result of drinking alcohol prior to operating your vehicle. Each of these offenses carries serious penalties including jail time, fines, mandatory alcohol treatment, and the loss of your driving privileges. If you are arrested for any of these offenses, it is important that you contact a Pennsylvania DUI lawyer immediately after your arrest. Working with a skilled Pennsylvania DUI attorney is your best chance of getting a fair trial and having a successful outcome.

If you are arrested for DUI, DWI, or DAI in Pennsylvania, there will be two separate cases started against you. One is a criminal case where you will face criminal charges for the offense. Conviction on these charges can result in serious penalties being imposed against you. The second case is an administrative case with Pennsylvania’s Department of Transportation. This state licensing agency will seek to take away your driving privileges due to any of these alcohol-related offenses. You can be prosecuted in one of two ways for an alcohol offense in Pennsylvania. One is the common law method of showing that you were under the influence of alcohol at the time of your arrest. The prosecutor in your case may introduce evidence of your appearance, driving patterns, and sobriety test results to show that you were impaired by alcohol. There is also a “per se” law in Pennsylvania as in many other states. This per se law means that you can be prosecuted based solely on the results of any chemical testing. In this type of case, the prosecutor does not need to show that you were impaired. The prosecutor only has to show that your blood alcohol content level met or exceeded the legal BAC limit of 0.08%.

The penalties imposed for an alcohol-related offense in Pennsylvania depend on the person’s blood alcohol content level and the number of prior offenses an offender has accumulated. Pennsylvania has a tiered system of penalties based on the blood alcohol content of an offender. Tier one involves a blood alcohol content of 0.08% to 0.99%. The second tier is for offenders with a BAC level of .10% to .15% and the third tier deals with serious offenses with a BAC of 0.16% or more. A tier one first offense is considered an ungraded misdemeanor and will result in a maximum probation period of 6 months and a $300 fine. A tier two second offense has more serious consequences. There is a mandatory jail term of 48 hours up to 6 months and fines of $500 to $5,000. A tier three first offense has penalties of a twelve month license suspension period, a mandatory 72 hours in jail, and fines of $1,000 to $5,000. A tier one second offense has penalties of a twelve month license suspension, twelve months of using an ignition interlock device, 5 mandatory days in jail, and fines of $300 to $2,500. A tier two second offense carries a mandatory 30 days of jail time, $750 to $5,000 in fines, twelve months of ignition interlock device use, and a twelve month driver’s license suspension. A tier three second offense carries penalties such as a mandatory 90 days in jail, fines of $1,500 to $10,000, 12 months of ignition interlock device use, and a 12 month license suspension period. A tier one third offense will result in a mandatory 10 days in jail, fines of $500 to $5,000, a 12 month license suspension period, and 12 months of using an ignition interlock device. A tier two third offense carries penalties of a mandatory 90 days in prison, fines of $1,500 to $10,000, license suspension for 18 months, and use of an ignition interlock device for 12 months. A tier three third offense will result in a mandatory one year jail term, license suspension of 18 months, use of an ignition interlock device for 12 months, and fines of $2,500 to $10,000. A tier one fourth offense will result in penalties of a mandatory 10 day jail term, $500 to $5,000 in fines, 12 months of ignition interlock device usage, and a 12 month license suspension. A tier two fourth offense will result in a mandatory one year of imprisonment, fines of $1,500 to $10,000, license suspension for 18 months, and use of an ignition interlock device for 12 months. A tier three fourth offense will result in a mandatory one year in jail, $2,500 to $10,000 in fines, 18 months of license suspension, and 12 months of ignition interlock device usage. Because these penalties are severe, it is important that you contact a Pennsylvania DUI lawyer immediately to be sure that you have the best chance of defending yourself against serious DUI charges.

If you are arrested for DUI or DAI, it will trigger the Pennsylvania Department of Transportation to suspend your license. This is separate from any license suspension period imposed by the court. Refusal to submit to chemical testing will also trigger a license suspension, even if you were not driving under the influence. Consult with a qualified Pennsylvania DUI attorney who can explain the consequences of refusal and the consequences of a failed chemical test.