PA DUI Penalties

November 29, 2013 Brian J. Zeiger, Esquire

Philadelphia DUI Defense Attorney

PA DUI Penalties

The PA DUI Penalties are a bit complicated. The chart below highlights the basics on DUi Penalities. Often there are opportunities for other penalties, however, those PA DUI Penalties are determined on a case by case basis (Weekend or House Arrest).

The following are the three Tiers of Blood Alcohol Content (BAC)

1)  .08%-.099%

2)  .10% – .159%

3)  .16% and higher (plus refusal ands scheduled narcotics)

FIRST OFFENSE (NO PRIOR PA DUI OFFENSES WITHIN THE LAST 10 YEARS)

BAC is .08% to .099%. Ungraded misdemeanor; 6 month maximum probation; $300.00 fine; required CRN*, AHSS** and possible D&A***; no loss of license; and no jail time.

BAC is .10% to .159%. Ungraded misdemeanor; mandatory 48 hour imprisonment up to a possible 6 months; a $500.00 to $5,000.00 fine; required CRN, AHSS and possible D&A; 12 month license suspension. A person can attempt get an Occupational Limited License (OLL) after serving a 2 month suspension license suspension.

BAC is .16% or higher, or scheduled narcotics found in a blood test, or refusal to give a blood or breath sample. Ungraded misdemeanor; mandatory 72 hour imprisonment up to a possible 6 months; $1,000.00 to $5,000.00 fine; required CRN, AHSS; mandatory full D&A; 12 month license suspension. A person can attempt get an Occupational Limited License (OLL) after serving a 2 month suspension license suspension.

SECOND OFFENSE

BAC is .08% to .099%. Ungraded misdemeanor; mandatory 5 days imprisonment to 6 month maximum jail sentence;  $300.00 to $2,500.00 fine; 12 month license suspension; required CRN, AHSS, D&A; Ignition Interlock for 12 months.

BAC is .10% to .159%. Ungraded misdemeanor; mandatory 30 days imprisonment to 6 month maximum jail sentence; $750.00 to $5,000.00 fine; 12 month license suspension; required CRN, AHSS, D&A; Ignition Interlock for 12 months.

BAC is .16% or higher, or scheduled narcotics found in a blood test, or refusal to give a blood or breath sample. Misdemeanor of the First Degree with a mandatory 90 days imprisonment to 5 year maximum jail sentence; $1,500.00 to $10,000.00 fine; 12 month license suspension; required CRN, AHSS, D&A; Ignition Interlock for 12 months.

THIRD OFFENSE

BAC is .08% to .099%. Misdemeanor of the Second Degree; mandatory 10 days imprisonment to 2 year maximum jail sentence; $500.00 to $5,000.00 fine; 12 month license suspension; required CRN, D&A; Ignition Interlock for 12 months.

BAC is .10% to .159%. Misdemeanor of the First Degree; mandatory 90 days imprisonment to 5 year maximum jail sentence; $1,500.00 to $10,000.00 fine; 18 month license suspension; required CRN, D&A; Ignition Interlock for 12 months.

BAC is .16% or higher, or scheduled narcotics found in a blood test, or refusal to give a blood or breath sample. Misdemeanor of the First Degree; mandatory 1 year imprisonment to 5 year maximum jail sentence; $2,500.00 to $10,000.00 fine; 18 month license suspension; required CRN, D&A; Ignition Interlock for 12 months.

 

*Court Reporting Network (CRN) evaluation;

**Alcohol Highway Safety. (AHSS).

***Drug and Alcohol (D&A) assessment and treatment.

2 thoughts on “PA DUI Penalties

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