DUI Attorney In Philadelphia

Driving Under the Influence (DUI) is a grave offense in Philadelphia. The penalties are significant and may include thousands of dollars in fines, a Suspension of License and/or installation of an interlock device, and years of probation or imprisonment.

If you have been charged with a DUI in Philadelphia, you need a Philadelphia DUI Lawyer to aggressively represent your interests.

Philadelphia DUI Penalty Breakdown

In Philadelphia, DUIs are divided into three impairment levels based on the Blood Alcohol Content (BAC) of the individual charged:

(1) General Impairment – 0.08% to 0.099% BAC

(2) High BAC – .10% to 0.159% BAC

(3) Highest BAC – .16% and above.

The penalties for a DUI are based on two factors: (1) the impairment level and (2) the quantity of DUI-related offenses of the individual.

When you hire a Philadelphia DUI Attorney from The Law Offices of Greg Prosmushkin, P.C., your attorney will review your case, raise questions about the validity of the reading, and will attempt to either beat the charge or plea down the charge to a lower impairment level.

First Offense DUI in Philadelphia

A first-offense DUI is the only DUI for which the Commonwealth may grant you some leniency. Pennsylvania has enacted a program called Accelerated Rehabilitative Disposition (ARD), which allows first-time DUI offenders under certain circumstances to potentially resolve their DUI matter without a conviction. The result is avoidance of the harsh DUI penalties imposed by the Commonwealth.

A Philadelphia DUI Attorney can review your criminal history and the facts of your case and advise you on your eligibility for the program. Participating in this program is the best course of action for any eligible first-time offender. Those not eligible will face significant penalties.

Individuals with a BAC result falling within the range of general impairment will face 6 months of probation, a $300 fine, and mandatory Alcohol Highway Safety School, but no suspension of their license. A high BAC result carries imprisonment of a minimum of 2 days and a maximum of 6 months, a fine between $500 and $5,000, mandatory Alcohol Highway Safety School, and a 12-month driver’s license suspension.

Registering a result of the Highest BAC impairment level will carry a minimum 30-day jail sentence with a maximum of 6 months, a fine between $1,000 and $5,000, mandatory Alcohol Highway Safety School, and a 12-month driver’s license suspension. If these seem severe, you will be shocked by the significant consequences attached to subsequent offenses.

Second Offense DUI

The penalties attached to a second offense DUI are more severe than those of a first offense, and without a 10-year gap between offenses, there is no chance of eligibility for ARD. Your lawyer will explain this exception to ARD and whether you may be eligible.

Additionally, please take a moment to understand that these penalties refer to the number of DUIs you have overall. For instance, your second DUI overall but first DUI beyond general impairment levels will not count as your first high BAC or first highest BAC offense. It will be treated as a second DUI, and you will be punished under the related offense.

For a second DUI, a BAC result amounting to general impairment will trigger consequences of 5 days to 6 months imprisonment, $300 to $2,500 in fines, mandatory Alcohol Highway Safety School, a 12-month driver’s license suspension, and 12 months ignition interlock installed on your vehicle.

A high BAC result will carry at least 30 days up to 6 months imprisonment, $750 to $5,000 in fines, mandatory Alcohol Highway Safety School, a 12-month driver’s license suspension, and 12 months of ignition interlock installed on your vehicle.

And a result amounting to the highest BAC will carry at least 90 days and up to 5 years imprisonment, $1,500 to $10,000 in fines, mandatory Alcohol Highway Safety School, an 18-month driver’s license suspension, 12 months ignition interlock installed on your vehicle, and a criminal charge of a first-degree misdemeanor.

Third and Subsequent Offenses

These penalties are the harshest for DUI offenses in which an individual is not injured or killed. It is vital that your Philadelphia DUI Lawyer plea these down to lower impairment levels whenever possible, as the penalties will likely prove life-altering.

A third DUI offense under general impairment guidelines will result in between 10 days and 2 years imprisonment, between $500 and $5,000 in fines, mandatory Alcohol Highway Safety School, a 12-month driver’s license suspension, 12 months ignition interlock installed on your vehicle, and a Criminal Charge of a second-degree misdemeanor.

A BAC amounting to a high BAC will carry penalties of 90 days to as much as 5 years imprisonment, $1,500 to $10,000 in fines, mandatory Alcohol Highway Safety School, a 12-month driver’s license suspension, 12 months ignition interlock installed on your vehicle, and a criminal charge of a first-degree misdemeanor.

And the highest BAC result will carry a minimum of 1 year up to 5 years imprisonment, $2,500 to $10,000 in fines, mandatory Alcohol Highway Safety School, an 18-month driver’s license suspension, 12 months ignition interlock installed on your vehicle, and a criminal charge of a first-degree misdemeanor.

Finally, while most subsequent offenses beyond the third will carry penalties in line with those provided above for third offenses, a 4th offense with a high BAC will mirror the penalties of a 3rd offense highest BAC, but with fines between $1,500 and $10,000. These penalties are very harsh and will require the diligent advocacy of an experienced Philadelphia Criminal attorney.

Why Do I Need a Philadelphia DUI Lawyer?

These penalties are harsh. Extremely so. The fines, loss of license, imprisonment, and so on are life-altering and must be met with the most significant resistance you and your attorney can muster. The Law Offices of Greg Prosmushkin, P.C. will fight for you.

Call today to Schedule a Free Consultation with one of the lawyers.