DUI Penalties in Pennsylvania

If you have been arrested for DUI – driving under the influence – in Pennsylvania, it is important to make sure you have a clear understanding of what is at stake in your case. You could face substantial penalties if you get convicted; and, with a DUI on your record, you will face consequences long after you serve your sentence.

Due to the risks involved, it is also extremely important to make sure you fight your charges by all means available. This starts with putting an experienced defense lawyer on your side. Keep reading to learn about the consequences you may be facing, then contact us to speak with Stroudsburg DUI defense lawyer Brian C. Jordan in confidence.

Understanding Pennsylvania’s DUI Penalties

In Pennsylvania, the penalties you face after a driving under the influence arrest depend on several factors. The two main factors are: (i) your blood alcohol concentration (BAC) at the time of your arrest—if you took the breathalyzer; and, (ii) whether you have one or more prior DUIs on your record. Causing an accident, having a minor in your vehicle, and various other factors can increase the penalties you are facing as well.

With this in mind, the baseline penalties in Pennsylvania are as follows.

General Impairment

You can be charged with a “general impairment DUI” if your BAC is between 0.08% and 0.099% or you refuse the breathalyzer. The penalties for a general impairment DUI in Pennsylvania are:

• First Offense: Up to 6 months of probation, a $300 fine, alcohol highway safety school, and treatment when ordered.
• Second Offense: Up to a 12-month driver’s license suspension, five days to six months of jail time, one year of ignition interlock, a $300 to $2,500 fine, alcohol highway safety school, and treatment when ordered.
• Third (or Subsequent) Offense: Up to a 12-month driver’s license suspension, 10 days to two years of prison time, one year of ignition interlock, a $500 to $5,000 fine, and treatment when ordered.

High BAC

You can be charged with a “high BAC DUI” if your BAC is between 0.10% and 0.159% at the time of your arrest. The penalties for a high BAC DUI in Pennsylvania are:

• First Offense: Up to a 12-month driver’s license suspension, 48 hours to six months of prison time, a $500 to $5,000 fine, alcohol highway safety school, and treatment when ordered.
• Second Offense: Up to a 12-month driver’s license suspension, 30 days to six months in prison, one year of ignition interlock, a $750 to $5,000 fine, alcohol highway safety school, and treatment when ordered.
• Third Offense: Up to an 18-month driver’s license suspension, 90 days to five years in prison, one year of ignition interlock, a $1,500 to $10,000 fine, and treatment when ordered.
• Fourth (or Subsequent) Offense: Up to an 18-month driver’s license suspension, one to five years in prison, one year of ignition interlock, a $1,500 to $10,000 fine, and treatment when ordered.

Highest BAC

You can be charged with a “highest BAC DUI” if your BAC is 0.16% or above at the time of your arrest. The penalties for the highest BAC DUI in Pennsylvania are:

• First Offense: Up to a 12-month driver’s license suspension, 72 hours to six months in prison, a $1,000 to $5,000 fine, alcohol highway safety school, and treatment when ordered.
• Second Offense: Up to an 18-month driver’s license suspension, 90 days to five years in prison, one year of ignition interlock, a $1,500 to $10,000 fine, alcohol highway safety school, and treatment when ordered.
• Third (or Subsequent) Offense: Up to an 18-month driver’s license suspension, one to five years in prison, one year of ignition interlock, a $2,500 to $10,000 fine, and treatment when ordered.

If you refuse the breathalyzer during your arrest, you will be subject to an automatic 12-month driver’s license suspension under Pennsylvania’s implied consent law.

Prosecutors will also be able to use your refusal against you as evidence that you knew you were too drunk to drive. But, just like all other aspects of a DUI, there are several ways to fight an alleged implied consent violation, and an experienced DUI defense lawyer will be able to help protect you by all means available.

As we mentioned above, factors such as having a minor in your vehicle or causing an accident can increase the risks of a DUI arrest significantly. Having a minor in your vehicle can expose you to up to five years of prison time for a first offense while causing an accident while driving under the influence can lead to felony charges carrying huge fines and years or decades of prison time.

Understanding the Collateral Consequences of a DUI Conviction in Pennsylvania

Along with any penalties you may face in court, a DUI conviction can have many other consequences as well. For example, depending on your circumstances, a DUI conviction could lead to:

• Increased auto insurance rates and other out-of-pocket costs
• Loss of career or education opportunities
• Loss of housing and financing opportunities
• Disciplinary action if you are a licensed professional
• Immigration consequences if you are a non-U.S. citizen

With all of this in mind, if you are facing a DUI charge in Pennsylvania, you must speak with an experienced DUI defense lawyer as soon as possible. The initial stages of a DUI case can move quickly; and, if you don’t do what is necessary to protect yourself, you could lose the ability to present the defenses you have available. Given all that you have at stake, you owe it to yourself and your family to seek help, and the first step is to schedule a free consultation.

Schedule a Free Consultation with Stroudsburg DUI Defense Lawyer Brian C. Jordan

To schedule a free consultation with Stroudsburg DUI defense lawyer Brian C. Jordan, contact us today. You can call or text Brian directly at 570-764-4114 to schedule an appointment at a time that works for you.