Driving Under Influence (DUI) Penalties in Pennsylvania

In Pennsylvania, punishment for a DUI is based on the blood-alcohol level (BAC) and the number of prior DUI the person has had. With the changes in the DUI law in 2004, there are now 3 categories for DUI based upon blood-alcohol level (BAC): They are:

a) .08%-.099%
b) .10% -.159%
c) .16% and higher, or refusal to submit to a blood test.

While a person is on probation/parole supervision for a DUI in Pennsylvania, he can be ordered to do the following: a Court Reporting Network (CRN) evaluation; Alcohol Highway Safety (AHSS), drug & alcohol (D&A) assessment and treatment, and installation of an Ignition Interlock System.

1st OFFENSE DUI (NO PRIOR DUI OFFENSES WITHIN THE LAST 10 YEARS)

BAC is .08% to .099%. This carries a 6-month maximum probation and a $300.00 fine. No license suspension and no jail time.

BAC is .10% to .159%. Mandatory 48-hour imprisonment up to a possible 6 months and a fine of between $500.00 to $5,000.00. In certain counties, the defense attorney can negotiate a period of house arrest rather than incarceration. License suspension is 12 months. However there is a possibility (not guaranteed) to get an Occupational Limited License (OLL) after serving 2 months of suspension.

BAC is .16% or higher or refusal to give a blood or breath sample. Mandatory 72-hour imprisonment up to a possible 6 months and a fine between $1,000.00 to $5,000.00. In certain counties, the defense attorney can negotiate a period of house arrest rather than incarceration. License suspension is 12 months. Also possibility for Occupational Limited License after 2 months of serving suspension.

2nd OFFENSE DUI

BAC is .08% to .099%. Mandatory 5 days imprisonment up to a possible 6 months and a fine of between $300.00 and $2,500.00. In certain counties, the defense attorney can negotiate a period of house arrest rather than incarceration. License suspension is 12 months.

BAC is .10% to .159%. Mandatory 30 days imprisonment up to a possible 6 months maximum jail sentence and a fine of between $750.00 and $5,000.00. In certain counties, the defense attorney can negotiate a period of house arrest rather than incarceration. The license suspension is 12 months.

BAC is .16% or higher or a refusal to give blood. Mandatory 90 days imprisonment up to a 5 year maximum jail sentence. In certain counties, the defense attorney can negotiate a period of house arrest rather than incarceration. Fine of between $ 1,500.00 and $10,000.00. License suspension is 12 months.

3rd OFFENSE DUI

BAC is .08% to .099%. Mandatory 10 days imprisonment up to a 2 year maximum jail sentence and a fine between $500.00 to $5,000.00. In certain counties, the defense attorney can negotiate a period of house arrest rather than incarceration. License suspension is for 12 months.

BAC is .10% to .159%. Mandatory 90 days imprisonment up to 5 year maximum jail sentence and a fine between $1,500.00 to $10,000.00. In certain counties, the defense attorney can negotiate a period of house arrest rather than incarceration. License suspension is for 18 months.

BAC is .16% or higher or a refusal. Mandatory 1 year imprisonment up to 5 year maximum jail sentence and a fine between $2,500.00 and $10,000.00. Typically, most counties will not allow a person to serve house arrest rather than incarceratio for this level of DUI, and good-time and Petitions for Early Parole will not usually be entertained. License suspension is for 18 months.

4TH OFFENSE DUI

BAC is .08% to .099%. Mandatory 10 days imprisonment up to 2 year maximum jail sentence and a fine between $500.00 to $5,000.00. License suspension is for 12 months.

BAC is .10% to .159%. Mandatory 1 year imprisonment up to 5 year maximum jail sentence and fine between $1,500.00 to $10,000.00. License suspension is for 18 months.

BAC is .16% or higher or a refusal. Mandatory 1 year imprisonment up to 5 year maximum jail sentence and a fine between $2,500.00 to $10,000.00. The license suspension is for 18
months

Serving Lehigh, Northampton, Carbon & Monroe Counties (including Allentown, Bethlehem, Easton, Stroudsburg, Jim Thorpe, and all other towns of those counties). Also serving Federal Court for the Eastern District of Pennsylvania (U.S. District Court).

Contact at : 484-695-7023 484-551-5988

KathrynRoberts_Esquire@yahoo.com