Pennsylvania Penalties for DUI Offense

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Pennsylvania has chosen to take a particularly strong stance on DUI Offenses. September 20, 2003 under Act 24 marked a progressive movement toward eradicating drunk driving, in which Pennsylvania legislation lowered the state’s legal limit of alcohol from .10 to .08. This newly imposed law is designed to increase penalties, fines, terms of suspension and other requirements to help reduce motorists from driving impaired. The ramifications for a convicted DUI offender depend on the number of the offense, the length between offenses and their blood alcohol content. The fines, loss of license, imprisonment, and so on are literally life-altering they must be met with the greatest resistance you and your attorney can muster, which is why we are here to help.

The Penalties for a DUI in Pennsylvania are significant, as should be evident from the outline of them below. They are divided into impairment distinctions based upon the Blood Alcohol Content (BAC) of the individual charged. The three levels of impairment are

  1. General Impairment – 0.08% to 0.099% BAC,
  2. High Rate BAC – .10% to 0.159% BAC, and
  3. Highest Rate BAC – .16% and above. DUI’s carry escalating penalties. As such, with every subsequent offense, you’re looking at increased penalties and jail time

General Impairment

FIRST OFFENSE, SECOND OFFENSE, THIRD OFFENSE

  • First Offense: 6 months probation; Second Offense: County Jail*(5 days to 6 months); Third Offense: County Jail or State Prison* (10 days to 2 years)
  • First Offense: $300 fine; Second Offense: $300 to $2,500 fine; Third Offense: $500 to $5,000 fine
  • First and Second Offenses: AHSS**; AHSS**; Third and Subsequent Offense: Not required.
  • First Offense: No license suspension; Second Offense: 12 month license suspension; Third Offense: 12 month license suspension.
  • Second and Third Offenses: Ignition Interlock 12 months

High BAC

FIRST OFFENSE, SECOND OFFENSE, THIRD OFFENSE

  • First Offense: County Jail* (2 days to 6 months), Second Offense: County Jail* (30 days to 6 months,) Jail*( 90 days to 5 years)
  • First Offense: $500 to $5,000 fine; Second Offense: $750 to $5,000 fine, $1,500 to $10,000 fine
  • First and Second Offense: AHSS**; Third Offense: AHSS** not required.
  • First Offense: 12 month license suspension; Second Offense: 12 month license suspension; Third Offense: 12 month license suspension
  • Second and Subsequent Offenses: Ignition Interlock for 12 months.

Highest BAC

FIRST OFFENSE, SECOND OFFENSE, THIRD OFFENSE

  • First Offense: County Jail* (30 days to 6 months); Second Offense: County Jail or State Prison*( 90 days to 5 years); Third Offense: County Jail or State Prison* (1 year to 5 years).
  • First Offense: $1,000 to $5,000 fine; Second Offense: $1,500 to $10,000 fine; Third Offense: $2,500 to $10,000 fine
  • First and Second Offense: AHSS**; Third and Subsequent Offense: AHSS** not required.
  • First Offense: 12 months suspension; Second and Subsequent Offenses: 18 month suspension.
  • Second and Third Offenses: Ignition Interlock for 12 months.

*Instead of jail, it is possible in some instances for the judge to sentence an individual to another form of imprisonment, such as house arrest.

**AHSS is Alcohol Highway Safety School, a required program for DUI offenders, which requires no less than 12.5 hours to meet Pennsylvania guidelines, and is paid for at the offender’s expense.

Why Do I Need a Lawyer?

Because, as you can clearly see illustrated above, the penalties for DUI conviction are quite significant, and it is in your best interests to avoid these consequences. A DUI Attorney at The Law Offices of Greg Prosmushkin, P.C. can help you to fight these charges. Call Today for a Free Consultation.

This content was written on behalf of Greg Prosmushkin.