DUI PENALTIES


DUI penalties are based upon two main criteria:

  1. Your Blood Alcohol Content (BAC)
  2. Whether it is your first, second, or third, etc. offense. For the purposes of Pennsylvania law, a first offense is defined as having no prior DUI offenses in the last ten years.

Blood Alcohol Content is divided into three levels for the statute: a BAC from .08 – .099, a BAC from .10 – .159, and a BAC of .16 or higher. If you refuse to take a Blood Alcohol test, you are considered as having a BAC of .16 or higher by the law in terms of penalties.

In Pennsylvania, driving under the influence of drugs carries the highest DUI penalties. if you are found driving with any measurable amount in your system of a Schedule I controlled substance or any Schedule II or III substance for which you don’t have prescription – you will be prosecuted as if you were at the highest level of alcohol intoxication. This even applies if you are found with a metabolite (from usage perhaps days earlier) of one of these substances in your system. As with alcohol-related convictions, the penalties increase as you accumulate offenses.

The penalties for conviction of Driving under the Influence of drugs are as follows:

First Offense
This is an ungraded misdemeanor with a mandatory 72 hour imprisonment up to a possible 6 months and a $1,000.00 to $5,000.00 fine. Required CRN, AHSS and mandatory full D&A. The license suspension is for 12 months. You also have the possibility for OLL after serving a hard 2 month suspension.

Second Offense
This is graded as a misdemeanor of the First Degree with a mandatory 90 days imprisonment 5 year maximum jail sentence and a $ 1,500.00 to $10,000.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.

Third Offense
This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $ 2,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

Fourth Offense
This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $ 2,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

In addition to the fines, license suspensions, and potential jail time associated with a DUI conviction – there are a number of other collateral effects that you need to consider as well. For some individuals, these can be even more sever than the direct penalties for DUI. If you are in a DUI-related accident, you may need to make financial restitution. If you have a Commercial Driver’s License (or had planned to apply for one in the future), the penalties are more severe and may even result in a lifetime CDL suspension, forcing you to completely change careers.

Some individuals (particularly repeat offenders) may have to install an ignition interlock on their vehicle to test their BAC before they can start their vehicle. This is an expensive device to install and a potentially embarrassing one to have to explain to family, coworkers, and friends. On top of any fines, restitution, or ignition interlock installation expenses, your insurance rates may go up dramatically or you may even be dropped by your insurance carrier. A final thing to consider is the impact of a DUI conviction on your reputation in the community and potential job prospects in the future. More and more companies conduct background checks on their employees as part of the hiring process, and a DUI conviction could follow you for years.

For all of these reasons, hiring an attorney with significant expertise and experience in the DUI field is critical to your future happiness and success. You need someone like Jeremy Mittman in your corner.

If you are found driving with any measurable amount of an unprescribed prescription drug in your system – you will be prosecuted under Pennsylvania law as if you were at the highest level of alcohol intoxication. And, these penalties are severe. Learn more about Alcohol and Drugs.

If you have a prescription for the medication, you can still be found guilty of Driving Under the Influence of Drugs (DUID) if you are significantly impaired in the opinion of the arresting officer. Of course, this kind of “diagnosis” is very subjective and relies upon the officer’s opinion of your behavior and perhaps your performance on a field sobriety test. Some police departments also use Drug Recognition Experts (DREs) to check your pulse rate, pupil size, or blood pressure to “scientifically” determine whether you are under the influence of drugs.

Since even the simple stress of a potential arrest can quicken your pulse rate, cause your pupils to dilate, or raise your blood pressure – these measures are less than exact. Coupled with the fact that chemical drug tests can come back positive for drugs that were taken days or even weeks earlier – you could conceivably find yourself facing a DUID charge for a legally prescribed drug that you had not even taken that day.

That’s why you need experienced DUI representation when you are charged with driving under the influence of prescription drugs. We have the expertise to poke holes in the prosecution’s supposedly “expert” testimony and give you the zealous defense you deserve. The stakes are too high for you to go it alone.

First Offense

BAC of .08 – .099

This is an ungraded misdemeanor with a 6 month maximum probation and a $300.00 fine. Required Court Reporting Network evaluation (CRN), Alcohol Highway Safety School (AHSS) and possible Drug and Alcohol assessment (D&A). There is no loss of license and no jail time with this particular category.

BAC of .10 – .159

This is an ungraded misdemeanor with a mandatory 48 hour imprisonment up to a possible 6 months and a $500.00 to $5,000.00 fine. Required CRN, AHSS and possible D&A. The license suspension is 12 months. However, there is a possibility to get an Occupational Limited License (OLL) after serving a hard 2 month suspension.

BAC of .16 or higher (or refusal to give a blood or breath sample)

This is an ungraded misdemeanor with a mandatory 72 hour imprisonment up to a possible 6 months and a $1,000.00 to $5,000.00 fine. Required CRN, AHSS and mandatory full D&A. The license suspension is for 12 months. You also have the possibility for OLL after serving a hard 2 month suspension.

Second Offense

BAC of .08 – .099

This is an ungraded misdemeanor with a mandatory 5 days imprisonment to 6 month maximum jail sentence and a $300.00 to $2,500.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.

BAC of .10 – .159

This is an ungraded misdemeanor with a mandatory 30 days imprisonment 6 month maximum jail sentence and a $750.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.

BAC of .16 or higher (or refusal to give a blood or breath sample)

This is graded as a misdemeanor of the First Degree with a mandatory 90 days imprisonment 5 year maximum jail sentence and a $ 1,500.00 to $10,000.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.

Third Offense

BAC of .08 – .099

This is graded as a misdemeanor of the Second Degree with a mandatory 10 days imprisonment 2 year maximum jail sentence and a $500.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC of .10 – .159

This is graded as a misdemeanor of the First Degree with a mandatory 90 days imprisonment 5 year maximum jail sentence and a $1,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC of .16 or higher (or refusal to give a blood or breath sample)

This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $ 2,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

Fourth Offense

BAC of .08 – .099

This is graded as a misdemeanor of the Second Degree with a mandatory 10 days imprisonment 2 year maximum jail sentence and a $500.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC of .10 – .159

This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $1,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC of .16 or higher (or refusal to give a blood or breath sample)

This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $ 2,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

We’d Like To Help You With Your DUI

If you are facing criminal charges and are in need of an experience criminal defense attorney or criminal defense law firm, please do not hesitate to contact Jeremy Z. Mittman at (215) 822-9004 or fill out the form below to receive a FREE Consultation.

We’d Love To Help You With Your DUI

If you are facing criminal charges and are in need of an experience criminal defense attorney or criminal defense law firm, please do not hesitate to contact Jeremy Z. Mittman at (215) 822-9004 or fill out the form below to receive a FREE Consultation.

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215 822 9004
593 Bethlehem Pike,
Montgomeryville, PA 18936

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Berks, Bucks, Chester, Columbia, Dauphin, Delaware, Lancaster, Lebanon, Lehigh, Monroe, Montgomery, Montour, Northampton, Northumberland And Schuylkill.

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