In Pennsylvania, there are three different levels to a DUI charge based upon the number of offenses one has received. DUI offenses are broken down into three different categories for sentencing:
- General impairment
- High rate
- Highest rate
General Impairment
General impairment DUIs involve drivers with a BAC of at least .08%, but less than .10%.
| 1st Offense
(Ungraded Misdemeanor) |
2nd Offense
(Ungraded Misdemeanor) |
3rd Offense
(Second Degree Misdemeanor) |
4th Offense
(Third Degree Felony) |
|
| Jail / Probation | 6 months of probation | 5 days to 6 months of jail | 10 days to 2 years jail | 1 to 7 years jail |
| Fines | $300 | $300 to $2,500 | $500 to $5,000 | $1,500 to $10,000 |
| License Suspension | None | 12 months | 12 months | 18 months |
High Rate DUIs
High rate DUIs involve drivers with a BAC of at least .10%, but less than .16%. They are also applicable for drivers who are operating a commercial vehicle while inebriated under the age of 21, as well as those who have caused an accident resulting in injury, property damage, or death while inebriated.
| 1st Offense
(Ungraded Misdemeanor) |
2nd Offense
(Ungraded Misdemeanor) |
3rd Offense
(First Degree Misdemeanor) |
4th Offense
(Third Degree Felony) |
|
| Jail | 48 hours to 6 months | 30 days to 6 months | 90 days to 5 years | 1 to 7 years |
| Fines | $500 to $5,000 | $750 to $5,000 | $1,500 to $10,000 | $2,500 to $10,000 |
| License Suspension | 12 months | 12 months | 18 months | 18 months |
Highest Rate DUIs
Highest rate DUIs include offenses where the driver had a BAC of .16% or higher, refused breathalyzer testing in violation of the state’s implied consent law, or had controlled substances in their system.
|
|
1st Offense
(Ungraded Misdemeanor) |
2nd Offense
(First Degree Misdemeanor) |
3rd Offense
(Third Degree Felony) |
4th Offense
(Third Degree Felony) |
| Jail | 72 hours to 6 months | 90 days to 5 years | 1 to 7 years | 1 to 7 years |
| Fines | $1,000 to $5,000 | $1,500 to $10,000 | $2,500 to $10,000 | $2,500 to $10,000 |
| License Suspension | 12 months | 18 months | 18 months | 18 months |
What Happens to First-Time DUI Offenders in Pennsylvania?
If you are a first-time offender in Pennsylvania, your DUI will most likely be a misdemeanor and will not affect your life the way a felony offense would. If you’re pulled over on drunk driving suspicion, you’ll most likely have to submit to a field sobriety test. This test will be a major factor in determining whether or not you’ll be arrested. If probable cause is established by the officer that pulls you over, you will be taken into custody, processed, and asked to do an official BAC (blood alcohol content) test. Pennsylvania is an implied consent state, meaning that if you are arrested for driving under the influence, you are required to do a blood, breath, or urine test. Refusing such tests will result in a license suspension.
Why Do I Need A DUI Lawyer?
Following the initial arrest, you will be sent a court summons that will explain when and where to appear for your preliminary hearing. This is when you should seek the help of a DUI lawyer. A DUI lawyer can look at the evidence that is available and give you advice on whether or not it is likely your case will go to trial, as well as how you should plead.
It is rather difficult for someone with no experience or training to know what to do in a legal situation. A lack of trail skills and legal knowledge can bring you a large disadvantage in court. This is why hiring a DUI attorney to help navigate your case is in your best interest. Hiring DUI/DWI defense attorney Hopkins will ensure that you can go into the courtroom with confidence regarding your trial.
A DUI lawyer can also lead you in the direction of potentially getting your DUI expunged. For most first-time offenders, the Accelerated Rehabilitative Disposition (ARD) is a way in which defendants can earn a dismissal of their DUI charge. A first time DUI offender may petition the District Attorney’s Office for admittance into the ARD Program. Within the program, the offender is first placed under supervision before undergoing drug and alcohol evaluation, serving a period of probation, and likely receiving a license suspension for a period of time. Upon the completion of the probation period, the case is dismissed and your criminal record is expunged. Although not every defendant is eligible for the ARD Program, it provides a way for offenders to resolve their drunk driving charges.
