While some states would regard driving under the influence as a mere traffic violation, leaving the convicted with just a slap on the wrist, in Pennsylvania, you won’t be so lucky. With DUI penalties in PA considered a criminal offense, you’re looking at serious consequences for both first and second time convictions.
Choosing to drive under the influence not only puts you and others at risk on the road, but it puts you at risk of consequences you’ll suffer for years to come. However, sometimes these laws are overly prosecuted or unfairly charged, and you may not know what to expect in order to protect yourself. So here’s what you need to understand about the actual cost of a drink when it comes to a PA DUI.
General Information on DUI Charges in Pennsylvania
About 15 years ago, the legal limit of alcohol was lowered from .10 to .08 by the Commonwealth of Pennsylvania. From this benchmark, there are three levels of a DUI.
- .08 to .099% BAC = General Impairment
- .10 to .159% BAC = High BAC
- .16% & up = Highest BAC
While these levels certainly impact the severity of a punishment, certain classifications may also play a role in your sentencing. Underage drivers, school vehicles and buses, commercial drivers, drivers who refuse a breathalyzer and drivers who cause injury or property damage to others could face harsher punishments under PA law.
Penalties for First Offense DUI in PA
General Impairment: Up to 6 months of probation and fines of approx. $300
High BAC: 48 hours to 6 months in jail and fines of $500- $5,000; license suspension for 12 months
Highest BAC: 72 hours to 6 months in jail and fines of $1,000- $5,000; license suspension for 12 months
If you’re experiencing a first-time DUI offense, you’re not typically looking at jail time, simply based on your BAC, but there are stipulations. If your BAC is higher than .099, jail time should now be a concern, while being under 21 years of age could mean up to 6 months of jail time, regardless of your BAC level.
Penalties for Second DUI in PA
While some may deem the punishments for a first-time offense as rather extreme, the ultimate goal is to prevent repeat offenders. If you’ve received a 2nd DUI in PA, you’re automatically facing jail time of 5 days to 5 years.
General Impairment: 5 days to 6 months in jail and fines of $300- $2,500; license suspension for 12 months
High BAC: 30 days to 6 months in jail and fines of $750- $5,000; license suspension for 12 months
Highest BAC: 90 days to 5 years in jail and fines of $1,500- $10,000; license suspension for 18 months
All BACs: Up to 150 hours of community service and ignition interlock device installed for 1 year; Enrollment in Alcohol Highway Safety School and an Alcohol and Drug treatment program
Whether you’ve been charged with a first or second offense DUI in Pennsylvania, there’s a lot at stake for your future, and it’s important to make sure you aren’t fighting the battle alone. As Philly’s DUI Lawyer, we’ll help you review all aspects of your case to protect your rights, ensure a fair hearing and help you move forward.
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One of the first studies to determine the rate of wrongful, non-murder convictions was recently conducted in Pennsylvania. The study found a slightly higher rate of mistaken convictions than in murder or capital crime cases.
The lead researcher, a criminologist from a Pennsylvania university, created the study to focus on crimes other than homicide and rape, which he believed to be covered in other research. Under his team’s methodology, he determined that that conviction rate of innocent defendants was approximately 6 percent as opposed to 3 to 5 percent for the murder or rape cases previously studied.
The methodology used in the study consisted of survey responses from approximately 3,000 inmates in the Pennsylvania corrections system. If respondents claimed they were not guilty of the crimes charged, they were required to expand on the answer. Responses were then compared against administrative records in the inmate’s case for inconsistencies and plausibility.
Though there was a fear that most inmates would either not respond or respond untruthfully, the study team found this was not the case. The response percentage was considered high. In terms of the truthfulness of the responses, the researchers found that more than 90 percent of those responding took at least partial responsibility for the crime in which they were convicted. Researchers see this as a start point on the issue rather than the end point.
Many people believe that few if any innocent people are convicted of a crime. However, criminal defense attorneys know otherwise. Those charged should never assume that a prosecutor is on his or her side or that the criminal justice will be infallible in the case. A competent defense for the criminally accused is vital to a properly working criminal justice system.Read More