Pennsylvania DUI Penalties
Pennsylvania's DUI penalties have increased in recent years. Now, the severity of penalties depends on the number of previous convictions and the BAC at the time of arrest.
July 10, 2009 /24-7PressRelease/ -- Pennsylvania DUI Penalties
Article provided by Shaffer & Engle Law Offices, LLC
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In 2004, Pennsylvania changed its DUI laws. Now, the severity of penalties faced by someone charged with a DUI depends not only on the number of previous convictions they may or may not have, but also on the amount of alcohol present in their blood (BAC) at the time of the arrest.
- General impairment: BAC 0.08-0.099
- High rate of alcohol: BAC 0.100-0.159
- Highest rate of alcohol: BAC 0.16 and higher
Below you will find information on the Commonwealth's DUI laws as well as some opportunities that may exist to lessen the penalties against you if you are convicted of a DUI. You should never plead guilty to a drunk driving charge without first speaking with an attorney.
First Time Offenders
If you are facing your first DUI conviction and have a BAC below 0.100, the good news is that you will not have to spend any time in jail nor will you lose your driver's license. But the good news stops there. As a first time offender, you may still be required to pay a $300 fine, attend Alcohol Safety School and be placed on probation for a maximum of 6 months, in addition to any other court costs and fees.
If you were unlucky enough to have a BAC over 0.099, then you will be required to spend at least a couple of nights in jail and lose your driver's license for 1 year.
BAC 0.100-0.159:
- Mandatory minimum 48 hours in jail
- Up to 6 months in jail
- $500-5000 in fines
- Alcohol Safety School
- Drug and Alcohol Assessment
BAC 0.16 and higher:
- Mandatory minimum 72 hours in jail
- Up to 6 months in jail
- $1000-5000 in fines
- Alcohol Safety School
- Drug and Alcohol Assessment
Accelerated Rehabilitative Disposition
First time offenders may be able to avoid jail time and reduce the amount of time their license is suspended by attending a pre-trial diversionary program known as Accelerated Rehabilitative Disposition, or ARD. If you attend ARD, you will be required to participate in counseling and community service as well as attend Alcohol Safety School. Once you have successfully completed the program, the court will dismiss the DUI charges against you. You will have to pay the cost for attending ARD as well as any other fees and court costs. Once you complete the program, the court also may place you on probation for 1 year or longer, depending on which in county the charges were brought against you.
ARD programs are only available to first time offenders, but not every first time offender may be accepted into the program. The prosecutor determines whether or not you can participate in ARD. If you were involved in an accident that resulted in serious injury to another person, the prosecutor may turn down your request.
Second and Subsequent Offenders
If you are convicted of a second or subsequent DUI charge within 10 years of a previous conviction, you can expect to spend mandatory time in jail, have your driver's license suspended for at least 1 year and pay fines ranging from $300-$10,000. Again, the severity of the penalties you face will depend on how many previous convictions you have had, as well as your BAC level.
Refusing to Take a Chemical Test
You may have heard from a friend or family member that you should never agree to a chemical, blood or urine test when you have been arrested on suspicion of a DUI. Unfortunately, the courts in the Commonwealth do not agree. As a condition of holding driving privileges in Pennsylvania, you have given implied consent to these tests.
If you refuse to take the test, you will be penalized the same as those with the highest rate of alcohol, which results in a mandatory 3 days in jail, 1 year license suspension, up to $5000 in fines, attendance in Alcohol Safety School and a drug and alcohol assessment.
It is in your best interest to agree to take the test and then contact an attorney who may be able to attack the validity of the test results or raise other defenses against your DUI charge.
Ignition Interlock Devices
Anyone convicted of their second or subsequent DUI must install an ignition interlock system (IID) in their vehicles for one year before they will be eligible to have their full driving privileges reinstated.
An IID is a device that reads the blood alcohol content in your breath. You must breathe into the device in order to start the vehicle and at intermittent times after the vehicle has been started. If the device detects a blood alcohol concentration of 0.025 or greater, the vehicle will not start and will go into lockdown for 5 minutes. After the 5 minutes are up, you can breathe into the IID again. If you still are over the limit, the vehicle will lockdown for 30 minutes for each subsequent failed reading.
You are required to install an IID in every vehicle you own, lease or have titled in your name. If you are caught driving a vehicle without an ignition interlock device, you will be required to pay a minimum $300 fine and may be sentenced to a maximum of 90 days in jail. The fines are increased if you are caught driving without the device and also have a BAC of 0.025 or greater, which carries a minimum $1000 fine and minimum 90 days in jail.
You cannot have someone else breathe into the ignition interlock device to start your vehicle or otherwise tamper with the device. If you are convicted of tampering with the IID, you may be fined between $300-$1000 and be sentenced to a maximum period of 90 days in jail.
There are two limited exemptions to the state's IID requirements:
- Employment exemption: if you drive a company vehicle for work, your employer may be able to file for the employment exception on your behalf. This exception will exempt you from installing an IID in the work vehicle, but you still will have to install one in any vehicle you drive for personal use.
- Hardship exemption: if you cannot afford to have an IID installed in every vehicle you drive, you may be able to receive a hardship exemption. In order to qualify, your adjusted gross income must be 200% below the federal poverty guidelines. Even with the exemption, you still will have to install the device in at least one vehicle you drive or own.
Only certain types of ignition interlock devices are approved for use in the Commonwealth. Additionally, the device must be installed by an approved manufacturer. The Pennsylvania Department of Transportation (PennDOT) maintains a list of accepted manufacturers on their Web site.
Other Opportunities for Reducing Your Sentence
Even if you are not eligible for ARD, there may be other opportunities available to show the judge that you have accepted responsibility for your actions and are committed to making amends.
Intermediate punishment: the judge has the authority to substitute certain types of punishments with others. For example, the judge has the ability to impose house arrest instead of jail time.
Rehabilitation: In some circumstances, judges may credit some time against a DUI sentence for those who voluntarily enter a drug and/or alcohol treatment program.
Mitigation: certain actions taken by the person facing DUI charges prior to the trial may make the judge look more favorably on the individual. This could include completing a drug and/or alcohol treatment program before the trial, performing community service at a local church or high school and coming to court prepared to pay all or a significant portion of the fines, fees and court costs.
Conclusion
The penalties for a DUI conviction are severe - even if it is only your first offense. An experienced DUI defense attorney can fully investigate the circumstances of your arrest and help you defend yourself against the charges. Even in cases where you are guilty of driving under the influence, there still may be ways to mitigate the severity of the penalties against you. It is imperative not to plead guilty until you have spoken with an attorney.
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