DUI
What Happens When You Get a DUI in Pennsylvania?
by Philip Ahn, Attorney
Being arrested for a DUI in Pennsylvania is no joke. It’s a serious offense with severe long-term consequences.
When arrested for a DUI in Pennsylvania, the consequences for the offense will depend on several factors such as your blood alcohol level, whether you have prior DUIs, whether you caused any damage or injury—and more.
You could face anything from big fines to a license suspension, and even jail time. Therefore, you should never get behind the wheel of a car when intoxicated. If you’ve had anything to drink, call a cab or ask a friend to drive you.
If arrested for drunk driving in Pennsylvania, get in touch with a lawyer right away to get a clear understanding of what legal consequences you are facing.
DUI Levels in Pennsylvania
Pennsylvania’s Driving Under the Influence (DUI) law is based on a tiered approach. The penalties, suspension time, and fines you will face depend on your blood alcohol level and prior DUI offenses, if any. The DUI blood alcohol levels in Pennsylvania consist of:
- General Impairment: if your blood alcohol level is between .08% to .099%
- High Level: if your blood alcohol level is between .10% to .159%
- Highest Level: if your blood alcohol level is .16% and higher
Pennsylvania Penalties for General Impairment
Without prior DUI offenses, you may face these consequences:
- Up to six months of license suspension
- A $300 fine
- A court order to attend an alcohol safety center
If you have one prior DUI, your penalties will most likely include:
- A 12-month license suspension
- A jail sentence of five days to six months
- A $300 to $2,500 fine
- A court order to attend an alcohol safety school
- A court order to equip your vehicle with a one-year ignition interlock device
- An ignition interlock device (IID) is a breathalyzer device installed in your car to measure your blood alcohol level. If your blood alcohol level is above the legal limit, your vehicle won’t start.
If you have two or more prior DUIs, your new DUI will be a second-degree misdemeanor. You’ll face the following penalties:
- A 12-month license suspension
- A jail sentence of ten days to two years
- A $500 to $5,000 fine
- A court order to attend an alcohol treatment
- A court order to equip your vehicle with an ignition interlock device
Penalties for High Blood Alcohol Levels in Pennsylvania
If your blood alcohol level goes from .10 to .159%, you will face more serious charges. Once again, the severity of your penalties will depend on whether you have prior offenses.
If you have no prior DUIs, you’ll face the following consequences:
- A 12-month license suspension
- A sentence of 48 hours to six months in prison
- A $500 to $5,000 fine
- A court order to attend an alcohol safety school
If you have one prior DUI offense, you will face the following consequences:
- A 12-month license suspension
- A sentence 30 days to six months in prison
- A $750 to $5,000 fine
- A court order to attend an alcohol safety school
If you have committed two or more DUI offenses, the courts will consider your DUI a first degree misdemeanor, with these consequences:
- An 18-month license suspension
- A prison sentence of 90 days to five years
- A $1,500 to $10,000 fine
- A special treatment program if ordered by the court
With three or more prior DUIs, the courts will treat your new DUI as a first degree misdemeanor. This will result in several penalties:
- An 18-month license suspension
- A 1-5 year prison sentence
- A $1,500 to $10,000 fine
- An alcohol rehabilitation program if required by the court
Penalties for the Highest Blood Alcohol Levels in Pennsylvania
If they arrest you for a DUI and your blood alcohol level qualifies as “the highest” but you have no prior DUIs, expect the following penalties:
- A 12-month license suspension
- A prison sentence of 72 hours to 6 months
- A $1,000 to $5,000 fine
- A court order to attend an alcohol safety school
If you have one prior DUI on your record, they will treat your new DUI as a first degree misdemeanor. The consequences will be as follows:
- An 18-month license suspension
- A prison sentence of 90 days to 5 years
- A $1,500 to $10,00 fine
- A court order to attend a highway safety school or receive rehabilitation treatment
Finally, if you have the highest level of alcohol in your blood paired with multiple prior DUIs, there will be harsher consequences:
- An 18-month license suspension
- A prison sentence of one to five years
- A fine of $2,500 to $10,000
- A court order to attend an alcohol safety school or join a rehabilitation program
- A court order to equip your vehicle with an ignition interlock device for one year
If you are involved in a DUI-related accident that caused injuries to someone or damage to property, you will face stricter penalties even if your blood alcohol level was in the lower category.
If you are stopped and suspected of a DUI but refuse to take a breathalyzer or chemical test, you will be subject to penalties associated with the highest blood alcohol level.
Do You Need a Lawyer To Handle a DUI Case in Pennsylvania?
As you can see, there are several variables with DUIs—each with different consequences.
If you are dealing with a serious DUI situation, with injury or damage involved, you may want a specialized DUI/DWI attorney to represent you.
Your attorney will help you understand the consequences of your actions and guide you through the related court proceedings. They will likely portray you in a sympathetic light or discover attenuating circumstances in your case, and help you negotiate a lower sentence.
If you feel they have wrongfully charged you and want to contest your conviction, you will need a lawyer to help you make your case in court.
If this is not your first DUI, the consequences you will face will also be quite serious, and having an experienced lawyer by your side can help you manage the aftermath of the conviction.
Skipping legal help in a DUI case to cut costs is generally a costly idea. In Pennsylvania, a drunk driving conviction can have serious consequences. It can result in a long-term driver’s license suspension, prevent you from doing your job properly, or even cost you your employment altogether. If the conviction goes on your permanent record, you may also have trouble getting a job in the future.
You don’t want to face a DUI charge alone. Request a locally-licensed DUI attorney from Unbundled Legal Help who can be with you from start to finish..