If you are facing Pennsylvania DUI charges, your life is about to get very complicated very quickly. The worst thing you can do is ignore this. Skipping court will only result in a bench warrant being issued for your arrest.
Even a misdemeanor DUI can result in suspended driving privileges.
Depending on the circumstances of your DUI, you can face fines ranging from $300-$10,000; imprisonment for up to six months; suspension of your driver’s license for up to 18 months; up to 150 hours of community service; court-ordered alcohol highway safety school; substance abuse treatment; and more.
Our experienced Upper Darby DUI lawyers will be able to review the facts of your case to help you pursue the best possible outcome.
What are the Penalties for DUI in Pennsylvania?
Pennsylvania has some of the strictest DUI laws – and penalties for breaking these laws – in the country. Possible penalties that you’ll receive for a DUI charge will depend on your blood alcohol concentration (BAC) at the time of arrest, as well as any previous arrests.
The higher your BAC, the more severe penalties you may face. Below, you’ll see PA DUI penalties for first, second, and third offenses based on BAC level.
General Impairment Penalties (.08% to .099% BAC)
- First offense (no prior offenses):
- Misdemeanor (ungraded)
- Probation (up to six months)
- Fine ($300)
- Attendance in alcohol highway safety school
- Treatment for alcohol abuse (when ordered)
- Second offense (one prior DUI offense):
- Misdemeanor (ungraded)
- License suspension (12 months)
- Jail time (five days to six months)
- Fine ($300 to $2,500)
- Attendance in alcohol highway safety school
- Treatment for alcohol abuse (when ordered)
- Ignition interlock device (one year)
- Third offense (two or more prior offenses):
- Misdemeanor (2nd degree)
- License suspension (12 months)
- Prison (10 days to two years)
- Fine ($500 to $5,000)
- Treatment for alcohol abuse (when ordered)
- Ignition interlock device (one year)
As you can see, even with the lowest-level BAC, DUI penalties will increase with the number of offenses. The same can be said for higher BACs.
High BAC Penalties (.10% to .159% BAC)
- First offense (no prior offenses):
- Misdemeanor (ungraded)
- License suspension (12 months)
- Prison (48 hours to six months)
- Fine ($500 to $5,000)
- Attendance in alcohol highway safety school
- Treatment for alcohol abuse (when ordered)
- Second offense (one prior offense):
- Misdemeanor (ungraded)
- License suspension (12 months)
- Prison (30 days to six months)
- Fine ($750 to $5,000)
- Attendance in alcohol highway safety school
- Treatment for alcohol abuse (when ordered)
- Ignition interlock device (one year)
- Third offense (two prior offenses):
- Misdemeanor (1st degree)
- License suspension (18 months)
- Prison (90 days to five years)
- Fine ($1,500 to $10,000)
- Treatment for alcohol abuse (when ordered)
- Ignition interlock device (one year)
DUI offenders with the highest BAC receive the highest penalties. However, drivers under the influence of controlled substances or those who refuse breath or chemical testing could also face the strictest penalties.
Again, the highest BAC penalties are broken down by the number of offenses:
Highest BAC Penalties (.16% and higher or controlled substance or breath/chemical test refusal)
- First offense (no prior offenses):
- Misdemeanor (ungraded)
- License suspension (12 months)
- Prison (72 hours to six months)
- Fine ($1,000 to $5,000)
- Attendance in alcohol highway safety school
- Treatment for alcohol abuse (when ordered)
- Second offense (one prior offense):
- Misdemeanor (1st degree)
- License suspension (18 months)
- Prison (90 days to five years)
- Fine ($1,500 to $10,000)
- Attendance in alcohol highway safety school
- Treatment for alcohol abuse (when ordered)
- Ignition interlock device (one year)
- Third offense (two prior offenses)
- Misdemeanor (1st degree)
- License suspension (18 months)
- Prison (one to five years)
- Fine ($2,500 to $10,000)
- Treatment for alcohol abuse (when ordered)
- Ignition interlock device (one year)
As you can imagine, DUI penalties can have a profoundly negative impact on an offender’s life. People charged with DUI often have trouble finding a place to live, enrolling in school, or finding a job.
If you were arrested for DUI in Pennsylvania, know that your mistake doesn’t have to cost you your life. Hire a Pennsylvania DUI attorney to help have your charge dropped or reduced.
Call Kellis Law Firm at (215) 977-4183 today.
What are my plea options after a DUI in Upper Darby?
Thousands of people are arrested for crimes in Delaware County every year. This means the district courts are almost always bustling. State prosecutors often try to take cases out of the docket to alleviate crowding by offering plea deals.
You should take your case to court in some instances, especially if the state doesn’t have substantial evidence. Yet, in many cases, a plea deal can be your best option.
For most plea deals, you will be granted a lesser sentence or charge in exchange for pleading guilty. For example, a first-time DUI may be reduced to reckless driving. When you compare the consequences of a DUI with that of a reckless driving charge, this is a highly favorable outcome.
You should never accept a plea deal without the advice and representation of an experienced Upper Darby DUI lawyer. If you represent yourself, you will unlikely be offered any plea deal. If you are, it likely won’t be as beneficial as possible.
What are Important Pennsylvania DUI Laws?
Upper Darby residents facing a DUI should know a few critical Pennsylvania DUI laws. These include:
- 38 § 3802(a-c): You cannot operate a motor vehicle after drinking a certain amount of alcohol. This law sets the legal blood alcohol content (BAC) limit at 0.08% and sets the different levels of drunkenness (general impairment, high level of alcohol, highest level of alcohol).
- 38 § 3802(d): You can’t drive if you are on any controlled substance or any medicine that impairs your ability to drive.
- 38 § 3803: This statute sets the grading of different DUI offenses.
- 38 § 3804: This statute sets the penalties for different DUI offenses.
- 38 § 3809: You may not have an open container of alcohol in your car unless you’re a bus, taxi, or limousine passenger.
What is the Pennsylvania ARD Program
The Pennsylvania Accelerated Rehabilitative Disposition Program, aka the PA ARD Program, is a program for first-time DUI offenders who qualify.
It’s designed to be non-violent for first-time DUI offenders who do not have aggravating factors in their DUI case. These are having a minor in the car at the time of DUI arrest, no prior convictions, no history of violent crimes, and your DUI did not involve injury or death to another.
If you complete the program successfully, your case will be dismissed. You can then have your DUI defense lawyer expunge the DUI arrest from your criminal history by filing a petition and an order. A competent Pennsylvania DUI lawyer is essential because they will take you through the PA legal system and help you gain entry into the ARD program. In addition, they must also do the DUI expungement for you after completion of the program. DUI expungement will not be automatic once the Pennsylvania ARD Program is completed.
Call our Upper Darby PA DUI lawyer to discuss how they can help you and whether or not the PA ARD Program is a good fit for you.
Don’t Wait Until It’s Too Late – Schedule a Free Consultation With An Experienced Upper Darby PA DUI Lawyer Today
Suppose you have been arrested for a DUI in Delaware County, PA. In that case, hiring an Upper Darby PA DUI lawyer proactively to handle your case as soon as possible is essential, and hiring a lawyer is the first step.
Don’t hesitate to contact The Law Offices of Steven E. Kellis today to schedule a free consultation. We are available 24 hours daily and are dedicated to helping you achieve a favorable outcome. There is no obligation, and all consultations are confidential.
Our Upper Darby PA DUI lawyer proudly serves those facing criminal, drug crime, and DUI charges throughout Eastern Pennsylvania.