Drunk Driving/D.U.I. Defense : Penalties
The penalties that accompany an arrest and conviction for a DUI in the Commonwealth of Pennsylvania relate to the operator's blood alcohol content and previous convictions for DUI offenses. Below is a listing of the penalties for DUI listed first by level of impairment (general, high, and highest) and segmented by number of offenses. None of the penalties listed are guaranteed as maximum or minimum penalties.
I. General Impairment: BAC between 0.08% and 0.099%
a. 1st Arrest: $300.00 fine, 6 months probation, $300 fine, mandatory attendance at alcohol highway safety school, and alcohol and drug counseling/treatment, higher insurance rates.
b. 2nd Arrest: $300.00 - $2,500.00 fine, 5 days - 180 days in prison, license suspension for one year, mandatory alcohol highway safety school, alcohol and drug counseling/treatment, pay for installation and utilize ignition interlock system in vehicle for one year, higher insurance rates.
c. 3rd Arrest: $500.00 - $5,000.00 fine, 10 days to 2 years prison sentence, license suspension for one year, an official charge of a 2nd degree misdemeanor on your criminal record, alcohol and drug counseling/treatment, pay for installation and utilize ignition interlock system in vehicle for one year, higher insurance rates.
II. High BAC: BAC between 0.10% and 0.159%
a. 1st Arrest: $500.00 - $5,000.00 fine, 2 days - 180 days in prison, license suspension for one year, mandatory alcohol highway safety school, alcohol and drug counseling/treatment, higher insurance rates.
b. 2nd Arrest: $750.00 - $5,000.00 fine, 30 days - 180 days in prison, license suspension for one year, mandatory alcohol highway safety school, alcohol and drug counseling/treatment, pay for installation and utilize ignition interlock system in vehicle for one year, higher insurance rates.
c. 3rd Arrest: $1,500.00 - $10,000.00 fine, 90 days - 5 years in prison, license suspension for eighteen (18) months, an official charge of a 1st degree misdemeanor on your criminal record, mandatory alcohol highway safety school, alcohol and drug counseling/treatment, pay for installation and utilize ignition interlock system in vehicle for one year, higher insurance rates.
III. Highest BAC: BAC above 0.16%
a. 1st Arrest: $1,000.00 - $5,000.00 fine, 3 days - 180 days in prison, license suspension for one year, mandatory alcohol highway safety school, alcohol and drug counseling/treatment, higher insurance rates.
b. 2nd Arrest: $1,500.00 - $10,000.00 fine, 90 days - 5 years in prison, license suspension for eighteen (18) months, an official charge of a 1st degree misdemeanor on your criminal record, mandatory alcohol highway safety school, alcohol and drug counseling/treatment, pay for installation and utilize ignition interlock system in vehicle for one year, higher insurance rates.
c. 3rd Arrest: $2,500.00 - $10,000.00 fine, 1 year - 5 years in prison, license suspension for eighteen (18) months, an official charge of a 1st degree misdemeanor on your criminal record, mandatory alcohol highway safety school, alcohol and drug counseling/treatment, pay for installation and utilize ignition interlock system in vehicle for one year, higher insurance rates.
The penalties are serious, but even when the official punishment is over, the lingering effects of a DUI conviction on your everyday life may be the most damaging. A DUI conviction will remain on your permanent criminal record (unless you are eligible and successfully complete the Accelerated Rehabilitative Disposition program), meaning that any potential employer will be able to access that information. In addition, loaning agencies, banks, and your insurance carrier will all be able to access these records. Clearly, a conviction for DUI in the state of Pennsylvania is no laughing matter. That is why it is so important to hire an experienced lawyer to help you fight back. There are many factors which go into convicting and sentencing you for driving under the influence, especially in regards to prison time and the dollar amount you will be fined if convicted. The costs of not fighting are crippling in the short and long term. An experienced lawyer can help you fight to reduce your charges or win your case outright. Call David W. Birnbaum and Dennis R. Meakim to learn how you can defend your rights today.
Remember, if you are charged with a Drunk Driving/DUI, please contact us online or call us at (215) 947-6240 for a free initial consultation.
I. General Impairment: BAC between 0.08% and 0.099%
a. 1st Arrest: $300.00 fine, 6 months probation, $300 fine, mandatory attendance at alcohol highway safety school, and alcohol and drug counseling/treatment, higher insurance rates.
b. 2nd Arrest: $300.00 - $2,500.00 fine, 5 days - 180 days in prison, license suspension for one year, mandatory alcohol highway safety school, alcohol and drug counseling/treatment, pay for installation and utilize ignition interlock system in vehicle for one year, higher insurance rates.
c. 3rd Arrest: $500.00 - $5,000.00 fine, 10 days to 2 years prison sentence, license suspension for one year, an official charge of a 2nd degree misdemeanor on your criminal record, alcohol and drug counseling/treatment, pay for installation and utilize ignition interlock system in vehicle for one year, higher insurance rates.
II. High BAC: BAC between 0.10% and 0.159%
a. 1st Arrest: $500.00 - $5,000.00 fine, 2 days - 180 days in prison, license suspension for one year, mandatory alcohol highway safety school, alcohol and drug counseling/treatment, higher insurance rates.
b. 2nd Arrest: $750.00 - $5,000.00 fine, 30 days - 180 days in prison, license suspension for one year, mandatory alcohol highway safety school, alcohol and drug counseling/treatment, pay for installation and utilize ignition interlock system in vehicle for one year, higher insurance rates.
c. 3rd Arrest: $1,500.00 - $10,000.00 fine, 90 days - 5 years in prison, license suspension for eighteen (18) months, an official charge of a 1st degree misdemeanor on your criminal record, mandatory alcohol highway safety school, alcohol and drug counseling/treatment, pay for installation and utilize ignition interlock system in vehicle for one year, higher insurance rates.
III. Highest BAC: BAC above 0.16%
a. 1st Arrest: $1,000.00 - $5,000.00 fine, 3 days - 180 days in prison, license suspension for one year, mandatory alcohol highway safety school, alcohol and drug counseling/treatment, higher insurance rates.
b. 2nd Arrest: $1,500.00 - $10,000.00 fine, 90 days - 5 years in prison, license suspension for eighteen (18) months, an official charge of a 1st degree misdemeanor on your criminal record, mandatory alcohol highway safety school, alcohol and drug counseling/treatment, pay for installation and utilize ignition interlock system in vehicle for one year, higher insurance rates.
c. 3rd Arrest: $2,500.00 - $10,000.00 fine, 1 year - 5 years in prison, license suspension for eighteen (18) months, an official charge of a 1st degree misdemeanor on your criminal record, mandatory alcohol highway safety school, alcohol and drug counseling/treatment, pay for installation and utilize ignition interlock system in vehicle for one year, higher insurance rates.
The penalties are serious, but even when the official punishment is over, the lingering effects of a DUI conviction on your everyday life may be the most damaging. A DUI conviction will remain on your permanent criminal record (unless you are eligible and successfully complete the Accelerated Rehabilitative Disposition program), meaning that any potential employer will be able to access that information. In addition, loaning agencies, banks, and your insurance carrier will all be able to access these records. Clearly, a conviction for DUI in the state of Pennsylvania is no laughing matter. That is why it is so important to hire an experienced lawyer to help you fight back. There are many factors which go into convicting and sentencing you for driving under the influence, especially in regards to prison time and the dollar amount you will be fined if convicted. The costs of not fighting are crippling in the short and long term. An experienced lawyer can help you fight to reduce your charges or win your case outright. Call David W. Birnbaum and Dennis R. Meakim to learn how you can defend your rights today.
Remember, if you are charged with a Drunk Driving/DUI, please contact us online or call us at (215) 947-6240 for a free initial consultation.