Marijuana DUI, Drug DUI or Alcohol DUI - Call THE dui lawyer, the DUI GUY!
What are the penalties - 1st DUI in Pennsylvania? This dui attorney knows.
I CAN HELP YOU MINIMIZE THESE PENALTIES:
A first offense DUI in Pennsylvania can be a frightening experience. Often, it is the first time that you are arrested, and you don't know what to expect or how to make sure you don't go to jail, loose your license or your job.
Although the following penalties are scary, I can help you to avoid jail, keep your license and your job!
The penalties for a DUI are as follows:
There are now three levels of DUI:
Under the 2004 DUI law minors, commercial drivers, school vehicle or bus drivers, and offenders involved in an accident that injures someone or causes property damage may be subject to the high BAC penalties even if their BAC is not in the high category. Offenders who refuse breath or chemical testing may be subject to the highest BAC penalties. The following charts show the penalties for each of the BAC categories:
General Impairment penalties (Undetermined BAC, .08 to .099% BAC)
No prior DUI offenses
- ungraded misdemeanor
- up to 6 months probation
- $300 fine
- alcohol highway safety school
- treatment when ordered
1 prior DUI offense
- ungraded misdemeanor
- 12 month license suspension
- 5 days to 6 months jail time
- $300 to $2,500 fine
- alcohol highway safety school
- treatment when ordered
- 1 year ignition interlock
2 or more prior DUI offenses
- 2nd degree misdemeanor
- 12 month license suspension
- 10 days to 2 years prison
- $500 to $5,000 fine
- treatment when ordered
- 1 year ignition interlock
The new law creates a higher set of penalties for those having higher BAC levels. It allows for treament at all levels, and requires alcohol highway safety school for all first and second time offenders.
High BAC penalties (.10 to .159% BAC)
No prior DUI offenses
- ungraded misdemeanor
- 12 month license suspension
- 48 hours to 6 months prison
- $500 to $5,000 fine
- alcohol highway safety school
- treatment when ordered
1 prior DUI offense
- ungraded misdemeanor
- 12 month suspension
- 30 days to 6 months prison
- $750 to $5,000 fine
- alcohol highway safety school
- treatment when ordered
- 1 year ignition interlock
2 or more prior DUI offenses
- 1st degree misdemeanor
- 18 month license suspension
- 90 days to 5 years prison
- $1,500 to $10,000 fine
- treatment when ordered
- 1 year ignition interlock
3 or more prior DUI offenses
- 1st degree misdemeanor
- 18 month license suspension
- 1 to 5 years prison
- $1,500 to $10,000 fine
- treatment when ordered
- 1 year ignition interlock
For those at the highest BAC levels, the new law has strict penalties, but also allows for treatment. This even-handed approach allows for individuals to receive counseling for their alcohol problem, while still penalizing those who choose to continue the dangerous practice of drinking and driving.
In addition, drivers under the influence of controlled substances and those who refuse breath or chemical testing are subject to the highest BAC category penalties.
Highest BAC penalties (.16% and higher) or Controlled Substance
No prior DUI offenses
- ungraded misdemeanor
- 12 month license suspension
- 72 hours to 6 months prison
- $1,000 to $5,000 fine
- alcohol highway safety school
- treatment when ordered
1 prior DUI offense
- 1st degree misdemeanor
- 18 month license suspension
- 90 days to 5 years prison
- $1,500 to $10,00 fine
- alcohol highway safety school
- treatment when ordered
- 1 year ignition interlock
2 or more prior DUI offenses
- 1st degree misdemeanor
- 18 month license suspension
- 1 to 5 years prison
- $2,500 to $10,000
- treatment when ordered
- 1 year ignition interlock
The following outlines specific components of the new law, and changes from the previous law that impacts DUI drivers.
Blood Alcohol Content (BAC) Levels
The Blood Alcohol Content (BAC) level for per se* DUI is lowered to .08%.
-Effective September 30, 2003
Penalties for DUI will be based on BAC and prior offenses.
-Effective February 1, 2004
Accelerated Rehabilitative Disposition (ARD)
Requires courts to impose suspensions for BAC ARDs based on the following BAC ranges:
- Less than .10% - no suspension,
- .10% to less than .16 - 30 day suspension, or
- .16% and above - 60 day suspension
-Effective February 1, 2004
License Suspensions
Suspensions will be imposed as follows:
- BAC below .10% and incapable of safe driving: No suspension for first offense if the driver meets certain criteria; 12 month license suspension for second or subsequent offense.
- BAC greater than or equal to .10% and less than .16%: 12 month license suspension for first and second offense. 18 month suspension for third or subsequent offense.
- BAC greater than or equal to .16%: 12 month license suspension for first offense. 18 month suspension for second or subsequent offense.
- Out-of-state DUI convictions: No suspension for first offense; 12 month license suspension for second or subsequent offense.
-Effective February 1, 2004
DUI Treatment and Evaluation
Treatment and evaluation processes are geared to rehabilitation.
-Effective - Phased-In Through 2009
Ignition Interlock
Drivers who receive a second or subsequent DUI violation on or after September 30, 2003, can no longer serve an additional one year suspension in lieu of obtaining an ignition interlock device. Drivers are required to install ignition interlock on all vehicles owned (including leased) before driving privileges can be restored.
-Effective September 30, 2003
Additionally, the following exemptions and penalties have been added:
- Financial Hardship Exemption:Drivers may apply for an exemption from the requirement to install the ignition interlock device on all of their vehicles. If the exemption is granted, ignition interlock installation will only be required on one vehicle.
-Effective February 1, 2004
- Employment Exemption:Under certain circumstances, ignition interlock restricted drivers may operate employer owned vehicles but only in the course and scope of employment. The employee must notify the employer of the ignition interlock restriction and carry proof of employer notification on a PennDOT form. The employer owned vehicle cannot be a school bus/vehicle or large passenger vehicle.
-Effective February 1, 2004
- Ignition Interlock Violations:Individuals convicted of driving without or tampering with the ignition interlock device will have their ignition interlock period extended 12 month from the date of conviction for the first offense and will have their driving privileges suspended for 12 months for the second or subsequent offenses. Upon restoration they must comply with ignition interlock for 12 months. Individuals, whose driving privileges are suspended during the ignition interlock period for a non-ignition interlock violation, must complete the ignition interlock period upon restoration.
-Effective February 1, 2004
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