DUI Attorney Harrisburg
If you have been arrested for Driving Under the Influence (DUI) in Pennsylvania, you must confront the situation head on. Even your first arrest can lead to costly fines, mandatory alcohol rehabilitation classes, and probation. Pennsylvania courts and law enforcement agencies will not have mercy on you! They will view your DUI as evidence of reckless activity that endangered the lives of Pennsylvania residents. While the following guidance will be beneficial in providing you with a general understanding of the situation you have been confronted with, it is by no means a substitute for the aggressive representation of a skilled Pennsylvania DUI attorney.
Pennsylvania DUI
You will be charged with DUI in the State of Pennsylvania if you operate or have actual physical control over a motor vehicle while your blood alcohol content (BAC) is above the limit of .08%. For individuals holding commercial driver’s licenses this limit is decreased to .04% and for minors, the limit is decreased to .02%. In addition, Pennsylvania maintains a sentence enhancement system based on the following three-tiered structure:
- General Impairment - .08% - .099% BAC
- High BAC - .1% - .159% BAC
- Highest BAC - .16% BAC and above
If the results of the chemical test administered to you upon your arrest place you in one of the higher categories, you will be subject to much harsher criminal penalties.
Law enforcement officials are permitted to mandate chemical testing of your breath or blood, if they can articulate a reasonable suspicion that you have been operating a motor vehicle under the influence of alcohol or drugs. Due to implied consent laws, your Pennsylvania state driving privileges are contingent on your agreement to submit to such tests. However, if you do refuse a BAC test, evidence of your refusal will be admissible in court.
After being charged for DUI in Pennsylvania, two separate actions will be started against you wielding different breeds of punishment. These proceedings must be handled separately, but either can potentially result in the revocation of driver’s license. An administrative action will proceed solely against your driving privileges while the criminal action will also attack your freedom and financial position. The administrative hearing concerning your driving privileges will not begin until you are found guilty in the criminal court system. Pennsylvania DUI law is unique in this regard as most states will immediately go after this privilege. This law may allow you to save your license by winning the criminal case against you, demonstrating yet another reason why you should be properly represented. This is not the case with a refusal. A refusal takes on its own there line.
However, the consequences of a DUI do not come only by way of criminal and administrative sanctions. Your reputation may be affected making it difficult to find a job or receive a promotion from your current employer. Your insurance rates will undoubtedly increase and your current insurance provider may even drop your coverage. As you can see, even though your first conviction for DUI in Pennsylvania is treated as a misdemeanor offense, the negative impact on your life can last forever.
Please note that a conviction for more than one DUI in Pennsylvania within a ten-year time span will result in the installation of an ignition interlock device on your vehicle for a period of one year. The costs of having this device installed can be outrageous! The installation alone will cost up to $200 on top of monthly fees of around $100. With an ignition interlock device installed on your vehicle, you will be obligated to submit to an alcohol breath test before you can start your engine. The device will likely be designed to lock the ignition of your vehicle if a result greater than .04% is returned. Additional random tests may also be required to prevent alcohol consumption after the vehicle has been started.
First DUI Conviction
A first conviction for DUI in Pennsylvania will be treated as a misdemeanor in the criminal system. If charged with a general impairment DUI, you can be fined up to $300, sentenced to a maximum of six months probation, and be required to complete an alcohol safety course. Moreover, at the judge’s discretion, you may be obligated to complete a costly alcohol treatment program. For commercial drivers, your license will be revoked for one year. For a first High BAC DUI or Highest BAC charge, the sentences are harsher. Your license can be revoked for up to a year. You may receive a fine of up to $5,000, be sentenced to a jail sentence ranging from a minimum of 48 hours to six months. Additionally, you will be required to complete an alcohol safety course, and possible substance abuse treatment at the judge’s discretion.
First Offense General Impairment (.08% - .099% BAC)
- $300 fine
- Maximum of six months probation
- Alcohol safety course
- Possible substance abuse treatment
First Offense High BAC (.10% - .159% BAC)
- $500 - $5,000 fine
- 48 hours to six months in jail
- Driver’s license revocation for one year
- Alcohol safety course
- Possible substance abuse treatment
First Offense Highest BAC (.16% BAC and above)
- $1,000 - $5,000 fine
- 72 hours to six months in jail
- Driver’s license revocation for one year
- Alcohol safety course
- Possible substance abuse treatment
Second DUI Conviction
For commercial drivers, a second conviction for DUI within 10 years will result in a lifetime revocation of your commercial driver’s license. For other drivers, your license will be suspended for one year in addition to fines of up to $2500, a jail term from 5 days to 6 months, required alcohol safety coursework, and possible alcohol treatment obligations. The potential jail sentence and minimum fines are significantly increased if your second conviction for DUI falls into the High or Highest BAC categories.
Second Offense General Impairment (.08% - .099% BAC)
- Ignition interlock device for one year
- $300 - $2,500 fine
- 5 days to six months in jail
- Driver’s license revocation for one year
- Alcohol safety course
- Possible substance abuse treatment
Second Offense High BAC (.10% - .159% BAC)
- Ignition interlock device for one year
- $750 - $5,000 fine
- 30 days to six months in jail
- Alcohol safety course
- Possible substance abuse treatment
Second Offense Highest BAC (.16% BAC and above)
- First-degree misdemeanor
- Ignition interlock device for one year
- $1,500 - $10,000 fine
- 90 days to five in prison
- Driver’s license suspension for 18 months
- Alcohol safety course
- Possible substance abuse treatment
Third DUI Conviction
A third or subsequent conviction within 10 years for General Impairment DUI in Pennsylvania will be treated as a second-degree misdemeanor and a High or Highest BAC DUI will be treated as a first-degree misdemeanor. You may be sentenced to jail for a period between 10 days and 2 years, your license may be suspended for 1 year, and you could be fined up to $5,000. The same ignition interlock device penalties as apply to a second conviction for DUI will also be applicable to a third conviction.
Third Offense General Impairment (.08% - .099% BAC)
- Second-degree misdemeanor
- Ignition interlock device for one year
- $500 - $5,000 fine
- 10 days to two years in prison
- Driver’s license revocation for one year
- Possible substance abuse treatment
Third Offense High BAC (.10% - .159% BAC)
- First-degree misdemeanor
- Ignition interlock device for one year
- $1,500 - $10,000 fine
- 90 days to five years in prison
- Driver’s license revocation for 18 months
- Possible substance abuse treatment
Third Offense Highest BAC (.16% BAC and above)
- First-degree misdemeanor
- Ignition interlock device for one year
- $2,500 - $10,000 fine
- One to five years in prison
- Driver’s license revocation for 18 months
- Possible substance abuse treatment if ordered
It should be stressed that with nearly every single DUI a real legal and/or science based defense is available. These mandatory minimum and the corresponding maximum penalties only apply if there is a conviction. It would be a concerted intent of all of the attorneys and support staff of the Mc Shane firm, LLC to maximize the potential of obtaining an acceptable result. All five (5) attorneys and the twelve (12) support staff united use all of our professional reputation, all of our professional knowledge and all of our professional experience to you to minimize an eliminate the potential consequences that may come.
