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Arrested For DUI In Pennsylvania?

Our attorneys fight aggressively for those individuals charged with DUI.

If you’ve been charged with drunk driving / DUI / DWI in PA, you will need help just understanding the complex charges you are facing. Give us a call to discuss your case.

The penalties for DUI/ DWI range from probation up to a term of imprisonment in excess of 2 years. Your Pennsylvania driving privileges can be suspended or even revoked as a result of your DUI / DWI arrest and conviction. DUI is also known in the PA DUI statute as Driving After Imbibing Alcohol (DAI) or Utilizing Drugs, or Driving Under the Influence of Alcohol or Controlled Substances.

Call Miller Law at 610.840.8400 for a free legal consultation on Pennsylvania DUI Law. Our experienced Pennsylvania criminal defense attorneys represent clients facing criminal charges and DUI / Drunk Driving accusations in Chester County, Montgomery County and Delaware County. Call anytime, there’s no obligation!

”Pennsylvania

If you are charged with a DUI in Pennsylvania, you are actually facing prosecution on two levels, 1) criminal penalties and 2) civil penalties (loss of driving privileges).

  1. The criminal component, the consequences of may include mandatory jail time, mandatory alcohol education programs, and loss of driving privileges; and
  2. The civil component, Pennsylvania Department of Transportation will attempt to suspend and possibly revoke the person’s driver’s license as an administrative penalty under the rules of implied consent by refusing to take the chemical test once you have been arrested for DUI.
”Tier

Pennsylvania has a 3-tiered system dealing with DUIs. The tiers are distinguished by blood alcohol content (BAC), as follows:

  1. BAC of .08% to .099%
  2. BAC of .10% to .159%
  3. BAC of .16% and above

The higher the blood alcohol content, the greater the punishment. The penalties increase substantially for repeat offenders. There are also different penalties for first, second, third offense, and subsequent DUIs.

All first offense DUI charges in Pennsylvania are considered ungraded misdemeanors.

Under Pennsylvania law, prior DUI offenses, for purposes of determining whether the person is a multiple offender, are calculated as occurring within the previous 10-year period.

The punishments for individuals with a BAC between .08% and .099% are as follows:


Offense

Penalty
1st Offense
  • Probation no longer than 6 months;
  • $300 fine;
  • Attend Alcohol Highway Safety School; and
  • Comply with the Drug and Alcohol treatment requirements
2nd Offense
  • Mandatory 5 days in jail, but may be up to 60 days;
  • Fine between $300 and $2,500;
  • Attend Alcohol Highway Safety School;
  • Loss of License for 1 year;
  • Ignition Interlock system in car for 1 year;
  • Full Drug and Alcohol assessment
3rd Offense
  • Mandatory 10 days in jail, but may be up to 2 years;
  • Fine between $500 and $5,000;
  • Loss of License for 1 year;
  • Ignition Interlock system in car for 1 year;
  • Full Drug and Alcohol assessment

The punishments for individuals witha BAC between .10% and .159%, OR

involved in an accident resulting in bodily injury, serious bodily injury or death of any person or in damage to a vehicle or other property are as follows:


Offense

Penalty
1st Offense
  • Mandatory 48 hours in jail, but may be up to 6 months;
  • Fine between $500 and $5,000;
  • Attend Alcohol Highway Safety School;
  • Loss of License for 1 year;
  • Full Drug and Alcohol assessment
2nd Offense
  • Mandatory 30 days in jail, but may be up to 6 months;
  • Fine between $750 and $5,000;
  • Attend Alcohol Highway Safety School;
  • Loss of License for 1 year;
  • Ignition Interlock system in car for 1 year;
  • Full Drug and Alcohol assessment
3rd Offense
  • Mandatory 90 days in jail, but may be up to 5 years;
  • Fine between $1,500 and $10,000;
  • Loss of License for 18 months;
  • Ignition Interlock system in car for 1 year;
  • Full Drug and Alcohol assessment
4th Offense
  • Mandatory 1 year in jail, but may be up to 5 years;
  • Fine between $1,500 and $10,000;
  • Loss of License for 18 months;
  • Ignition Interlock system in car for 1 year;
  • Full Drug and Alcohol assessment

The punishments for individuals with a BAC of .16% or over as follows:


Offense

Penalty
1st Offense
  • Mandatory 72 hours in jail, but may be up to 6 months;
  • Fine between $1,000 and $5,000;
  • Attend Alcohol Highway Safety School;
  • Loss of License for 1 year;
  • Full Drug and Alcohol assessment
2nd Offense
  • Mandatory 90 days in jail, but may be up to 5 years;
  • Fine between $1,500 and $10,000;
  • Attend Alcohol Highway Safety School;
  • Loss of License for 18 months;
  • Ignition Interlock system in car for 1 year;
  • Full Drug and Alcohol assessment
3rd Offense
  • Mandatory 1 year in jail, but may be up to 5 years;
  • Fine $2,500 to $10,000
  • Loss of License for 18 months;
  • Ignition Interlock system in car for 1 year;
  • Full Drug and Alcohol assessment
”Accelerate
In Pennsylvania, a DUI offender may be eligible for an alternative disposition in some circumstances. If you choose the accelerated rehabilitative disposition (ARD), then you will be subject to the following penalties:

  • Alcohol Highway Safety School;
  • Probation for 6 to 12 months;
  • Full Drug and Alcohol assessment, if the BAC was .16% or over, or, if the Court Reporting Network (CRN) profile report indicates the need for further evaluation, Drug and Alcohol counseling or treatment;
  • Mandatory License suspension (listed below);
  • Restitution to any person who suffered financial loss;
  • Payment of any other fee or cost required by law including fees for AHSS, evaluation and treatment;
  • Other conditions the Court may establish, i.e. community service.

An individual is eligible for ARD under the following circumstances:

  • Any first offense.
  • No person, other then the offender, was seriously injured or killed.
  • There was no passenger in the offender’s vehicle under the age of 14 at the time of the offense.

Mandatory License Suspension for ARD as follows:

  • No suspension if BAC is under .10%;
  • 30-day suspension if BAC is between .10% and .159%;
  • 60-day suspension if BAC is .16% or greater, BAC is unknown, the DUI involves drugs, or it involves an Implied Consent Violation;
  • 90-day suspension if the operator is under 21 years of age.
”Implied
Any person who holds a license to operate a motor vehicle within Pennsylvania, and is in control of the movement of the motor vehicle, is deemed to have given implied consent to submit to a chemical test, so long as the requesting officer has reasonable suspicion to believe the individual was operating a car under the influence of alcohol or drugs.

If the driver refuses to submit to chemical testing , then he/she will have his/her license revoked for 1 year. Additionally, those who refuse to “take the test” are automatically placed into the highest level, Tier 3. Therefore, the individual will have his/her license suspended for one year, PLUS, the suspension time for the DUI itself.

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