by wengerlaw2Consequences of a DUI
A charge of DUI can be embarrassing and scary. A DUI conviction can have serious and long-lasting consequences, including issues with employment, housing, and credit. With a DUI conviction, there are mandatory fines and incarceration penalties. In addition to a DUI, you may face additional offenses which can be embarrassing and scary as well.
What is a DUI in Pennsylvania
A person may be charged with DUI in Pennsylvania if they are intoxicated by alcohol or drugs, including legally prescribed drugs. If your blood alcohol concentration (BAC) is 0.08 or higher, you will be charged with a DUI. However, you could still be charged with a DUI if your BAC is below 0.08, if the officer believes that your driving was impaired by alcohol or drugs.
In Pennsylvania, if you are asked to take a blood test, you may refuse, but that will lead to a one -year license suspension. If you have any illegal substance in your blood, even if you didn’t take it immediately before you began to drive, you can still be convicted of a DUI.
There are various levels of penalties for both DUI’s caused by alcohol or drugs in Pennsylvania.
First Offense DUI, within 10 Years:
- 3802(a)(2) – BAC of 0.08% to less than 0.10%
- Ungraded Misdemeanor
- Mandatory 6 months probation
- Fine of $300.00
- No license suspension
- Full drug and alcohol assessment if indicated by CRN (Court Reporting Network)
- 3802(B) – BAC of 0.10% to less than 0.16%
- Ungraded Misdemeanor
- Mandatory jail time of 48 hours, up to a max of 6 months
- Mandatory minimum fine of $500.00 up to $5,000.00
- License suspension of 12 months
- Full drug and alcohol assessment if indicated by CRN (Court Reporting Network)
- 3802(C) – BAC of 0.16% or higher
- Ungraded Misdemeanor
- Mandatory jail time of 72 hours, up to a max of 6 months
- Mandatory minimum fine of $1,000.00
- License suspension of 12 months
- Full drug and alcohol assessment if indicated by CRN (Court Reporting Network)
Second Offense DUI, within 10 Years:
- 3802(a)(2) – BAC of 0.08% to less than 0.10%
- Ungraded Misdemeanor
- Mandatory jail time of 5 days up to a max of 6 months
- Mandatory minimum fine of $300.00 up to $2500.00
- License suspension of 12 months
- Ignition Interlock – 1 year
- Full Drug and Alcohol Assessment
- 3802(b) – BAC of 0.10% to less than 0.16%
- Ungraded Misdemeanor
- Mandatory jail time of 30 days up to a max of 6 months
- Mandatory minimum fine of $750.00 up to $5000.00
- License suspension of 12 months
- Ignition Interlock – 1 year
- Full Drug and Alcohol Assessment
- 3802(c) – BAC of 0.16% or higher
- Misdemeanor of the First Degree
- Mandatory jail time of 90 days up to 5 years
- Mandatory minimum fine of $1500.00 up to $10,000.00
- License suspension of 18 months
- Ignition Interlock – 1 year
- Full Drug and Alcohol Assessment
Third Offense DUI, within 10 years
- 3802(a)(2) – BAC of 0.08% to less than 0.10%
- Misdemeanor of the Second Degree
- Mandatory jail time of 10 days up to 2 years
- Mandatory minimum fine of $500.00 up to $5000.00
- License Suspension of 12 months
- Interlock eligibility after 6 months
- Ignition interlock for 1 year
- Full Drug and Alcohol Assessment
- 3802(b) – BAC of 0.10% to less than 0.16%
- Misdemeanor of the First Degree
- Mandatory jail time of 90 days up to 5 years
- Mandatory minimum fine of $1500.00 up to $10,000.00
- License suspension of 18 months
- Interlock eligibility after 9 months
- Ignition interlock – 1 year
- Full Drug and Alcohol Assessment
- 3802(c) – BAC of 0.16% or higher
- A felony of the Third Degree
- Mandatory jail time of 1 year up to 7 years
- Mandatory minimum fine of $2500.00 up to $15,000.00
- License suspension of 18 months
- Interlock eligibility after 9 months
- Ignition interlock – 1 year
- Full Drug and Alcohol Assessment
- DNA sampling
Fourth Offense DUI
- General Impairment, BAC of .08% to 0.99%, Incapable of Safely Driving
- A Felony of the Third Degree
- Mandatory jail time of 10 days up to 7 years
- Mandatory minimum fine of $500.00 up to $15,000.00
- License suspension for 18 months
- Interlock eligibility after 9 months
- Ignition Interlock – 1 year
- Full Drug and Alcohol Assessment
- DNA Sampling
- High Rate DUI, BAC 0.10% to 0.159%, General Impairment with Accident
- A Felony of the Third Degree
- Mandatory jail of 1 year up 7 years
- Mandatory minimum fine of $1500.00 up to $15,000.00
- License suspension of 18 months
- Interlock eligibility after 9 months
- Ignition Interlock – 1 year
- Full Drug and Alcohol Assessment
- DNA Sampling
- Highest Rate DUI, BAC 0.16%+, Refusals, Drug DUI
- A Felony of the Third Degree
- Mandatory jail of 1 year up to 7 years
- Mandatory minimum fine of $2500.00 up to $15,000.00
- License suspension of 18 months
- Interlock eligibility after 9 months
- Ignition interlock – 1 year
- Full Drug and Alcohol Assessment
- DNA Sampling