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Philadelphia, PA DUI/DWI Defense Attorney

Pennsylvania DUI Penalties

Philadelphia, PA DUI/DWI Defense Attorney 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:

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.

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FIRST OFFENSE (OR NONE IN PA WITHIN PAST 10 YEARS)

Philadelphia, PA DUI/DWI Defense Attorney 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.

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SECOND OFFENSE

Philadelphia, PA DUI/DWI Defense Attorney 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.

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THIRD OFFENSE

Philadelphia, PA DUI/DWI Defense Attorney 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.

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FOURTH OFFENSE

Philadelphia, PA DUI/DWI Defense Attorney 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.

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