Philadelphia, PA DUI/DWI Defense Attorney
Pennsylvania DUI Penalties
The severity of punishment for a DUI conviction is determined by the number of DUI convictions and the blood alcohol content (BAC) level. For purposes of determining the severity of the charge, BAC levels are divided into the following three categories:
- BAC of 0.08 percent to 0.099 percent
- BAC of 0.10 percent to 0.159 percent
- BAC of 0.16 percent or higher
A refusal to submit to a BAC test, regardless of the level of intoxication, would fall into the third category.
Any DUI conviction requires a Court Reporting Network (CRN) evaluation. A first or second offense also requires Alcohol Highway Safety School (AHSS) attendance. Subsequent convictions and any conviction of DUI with a BAC level of 0.16 percent or higher will require attendance at a Drug and Alcohol (D&A) assessment and treatment center. A second conviction requires an Ignition Interlock System installed on the person’s vehicle.
FIRST OFFENSE (OR NONE IN PA WITHIN PAST 10 YEARS)
A first offense DUI is an ungraded misdemeanor regardless of BAC level. A BAC level less than 0.10 percent doesn’t result in license suspension or jail sentencing. There is a $300 fine and a possible probation period of up to six months. In addition to CRN evaluation and AHSS attendance, D&A treatment may be ordered although not required.
BAC levels between 0.10 percent and 0.159 percent carry a jail sentence of 48 hours up to six months, a fine of $500 to $5,000 and a 12-month license suspension. CRN evaluation and AHSS attendance is required with possible D&A counseling. An Occupational Limited License (OLL) may be obtained after at least two months of suspended driving privileges.
BAC level of 0.16 percent or more , or refusal to submit to a breath or blood for analysis, carries a jail sentence of 72 hours up to six months, a fine of $1,000 to $5,000 and a 12-month license suspension. CRN evaluation, AHSS attendance, and D&A treatment are mandatory.
A second offense DUI for a BAC level less than 0.16 percent is an ungraded misdemeanor. A second offense for a BAC level of 0.16 percent or more is a first-degree misdemeanor. CRN evaluation, AHSS attendance and D&A treatment are all required. In addition to a 12-month license suspension, a 12-month Ignition Interlock device is required.
BAC level under 0.099 percent carries a mandatory jail sentence of five days up to six months. The monetary penalty is $300 to $2,500.
BAC level of -0.10 percent but less than 0.16 percent carries a mandatory jail sentence of 30 days up to six months. The fines are $750 to $5,000.
BAC level of 0.16 percent or more carries a jail sentence of 90 days up to five years. The fines are $1,500 to $10,000.
A third offense DUI for a BAC level less than 0.10 percent is a second-degree misdemeanor. A BAC level of 0.10 percent or more is a first-degree misdemeanor. Ignition Interlock is required for 12 months. There is a 12 month up to 18 months license suspension for BAC levels at 0.10 percent and above.
BAC level less than 0.10 percent carries a jail sentence of 10 days up to two years. Fines are $4,500 to $5,000.
BAC level of 0.10 percent but less than 0.16 percent carries a jail sentence of 90 days up to five years. The fine is $1,500 to $10,000.
BAC level of 0.16 percent or higher carries a jail sentence of one year up to five years. The fine in this case is $2,500 to $10,000.
A fourth offense DUI for a BAC level less than 0.10 percent is a second-degree misdemeanor. It carries a license suspension of 12 months and Ignition Interlock for a subsequent 12 months. A BAC level of 0.10 percent or more is a first-degree misdemeanor and includes license suspension for 18 months and Ignition Interlock for 12 months. AHSS attendance is not required, but both CRN evaluation and D&A treatment are.
BAC level less than 0.10 percent carries a jail sentence of 10 days up to two years. Fines vary from $500 to $5,000.
BAC level of 0.10 percent but less than 0.16 percent carries a jail sentence of one year up to five years. Fines range from $1,500 to $10,000.
BAC level of 0.16 percent or more carries a jail sentence of one year up to five years. Fines are $2,500 to $10,000.
A History of Defending Your License and Your Freedom
At the Gardner Law Group, we are a full-service law firm ready to meet your DUI/DWI defense legal needs in Philadelphia, PA. Specializing in DUI defense and licensing matters, our firm provides competent legal services to defend our clients' rights and freedom. Let’s work together to keep you out of jail and minimize potential penalties. Contact us today or click here to learn about how to handle your first offense.
Attorney Brittany R. Gardner, Esq. has dedicated her legal career representing those charged with a DUI and continues to ensure that she stays knowledgeable of the DUI laws and penalties. Our mission is to provide clients with holistic legal representation. We believe in loyalty, compassion, and judgment-free relationships.
We provide legal services to individuals from all walks of life. Whether these individuals find themselves caught in the snares of the criminal justice system, battling license suspension, or unsure of what steps to take next, our firm is ready, willing, and able to provide exceptional legal services.
Aggressive DUI Representation for Your License
Our experienced and innovative firm brings experience and knowledge to each case. We understand that the world is constantly changing and you may be confronted by a confusing array of regulations, questions, and occasional disputes. At the Gardner Law Group, we specialize in providing competent and aggressive DUI representation.
In 2004, the Pennsylvania DUI laws were changed in order to increase penalties. If your blood alcohol content, also referred to as BAC is at 0.08 percent, you are considered intoxicated and are not allowed to drive. Notably, minors, under the age of 21, need only have 0.02 percent BAC to be charged with DUI. Individuals with a BAC of 0.10 percent or higher face additional penalties if convicted of DUI. The tiers are as follows:
- 0.10% - 0.159%
- 0.16% and higher
It is important to know that penalties for DUI convictions in Pennsylvania are severe. If you or someone you know is facing DUI charges, you need to hire an experienced DUI attorney. Attorney Gardner specializes in DUI defense and dedicates her time to each and every DUI case that she takes on. Ms. Gardner possesses the ability to attack police officers' observations and testimony. She also has the skill to pinpoint weaknesses in the Commonwealth's case.
Do not hesitate to contact our firm for a free, confidential evaluation of your case.