Impaired driving is a serious crime that affects even the most law-abiding citizens who make one bad decision to get behind the wheel. 1 in 3 driving-related deaths involve a driver with a BAC at the legal limit (0.08%) or higher – and what’s even more staggering is that alcohol is involved in 23% of all fatal crashes among 16-20-year-olds, who are under the legal drinking age.
These statistics are a driving force behind why Pennsylvania takes drunk driving very seriously. So if you or someone you know has gotten behind the wheel under the influence and under the drinking age, it’s important to know the consequences that are waiting for you if you get pulled over.
Drunk Driving in Pennsylvania
For all drivers 21 and over, Pennsylvania divides their fines and penalties for a DUI into three categories based on the blood alcohol concentration of the driver at the time of the arrest.
0.08% to 0.099%: General Impairment BAC
0.10% to 0.159%: High BAC
0.16% & over: Highest BAC (or under the influence of a controlled substance)
Whether it is a first, second, or third offense will also play a role in the court’s decision. These consequences can range anywhere from 5 days to 5 years in jail, $300 to $10,000 in fines, 1 to 1 ½ years license suspension, and mandatory drug and alcohol treatment and safety programs. Any driver who refuses to submit to blood alcohol tests are subject to harsher penalties, no matter how many charges they have had in the past.
The Consequences of a DUI for Underage Drivers
For underage drivers, Pennsylvania has a strict DUI conviction for a BAC of as little as 0.02%. Minors who are pulled over or caught driving under the influence risk the following mandatory minimum sentences:
1st Offense
- 48 hours in jail
- A fine of $500
- License suspension of 12 months
- An alcohol safety school & alcohol/drug treatment program determined by the court
2nd Offense
- 30 days in jail
- A fine of $750
- License suspension of 12 months
- An alcohol safety school & alcohol/drug treatment program determined by the court
3rd Offense
- 90 days in jail
- A fine of $1,500
- License suspension of 18 months
- An alcohol safety school & alcohol/drug treatment program determined by the court
There are also collateral consequences to keep in mind too. For high school or college students, a DUI conviction could result in suspension or expulsion, while jeopardizing scholarships and any character-related programs or achievements. And as a public record, you also face the negative stigma that’s associated with a DUI within your community and with employers; while many insurance companies will also choose to raise rates significantly for convicted drivers.
What Happens After an Underage DUI Arrest?
If you’re pulled over by the police for driving under the influence, the best thing you can do is remain calm and respectful to the law enforcement. You should ask to speak with your attorney immediately as anything you say before this request is part of the investigation and can be used against you in court. And this includes any questions asked by the officer about your sobriety. Being cooperative doesn’t require you to answer any alcohol-related questions after being pulled over. However, if you are showing visible signs of intoxication – bloodshot eyes, slurred speech, etc.- you will likely be arrested on the spot.
For select first-time DUI offenders, there is an opportunity to expunge a DUI conviction from your record under Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program. This program may include counseling, probation, safety classes, and community service. Eligibility will be automatically be denied for defendants whose charge includes the resulting injury or death of other drivers.
Having an Experienced DUI Defense Attorney on Your Side
If you’ve been convicted of an underage DUI charge, our attorneys are skilled at the thorough investigation of drunk driving arrests to help you exploit weaknesses in the prosecution’s case and minimize the lifetime consequences at risk. Contact us today so we can fight for you.