The State of Pennsylvania is known for having particularly confusing DUI laws and penalties.
In this article we highlight three things that you should know about drunk driving laws in Pennsylvania and discuss alternative legal options after a DUI arrest.
What To Know About DUI Laws In Pennsylvania
1.) There Are 3 Different Types of DUIs
Some states have simple rules when it comes to driving under the influence. For example, the legal limit in the State of Georgia is 0.08% BAC and anyone found to be operating a vehicle with a BAC over the legal limit is charged with the same type of DUI.
However, Pennsylvania is different because the State uses a three-tiered system for DUI charges and penalties.
The type of DUI that an individual is charged with in Pennsylvania depends on that individual’s alleged level of intoxication at the wheel:
- General Impairment DUI: A general impairment DUI is the lowest tier of DUI in Pennsylvania and applies to individuals who are arrested for driving under the influence with an alleged BAC of 0.08% – 0.099%. A general impairment DUI also applies to drivers who are arrested on suspicion of DUI without any chemical evidence, such as a breath or blood test.
- DUI With High Impairment: A DUI with high impairment is the second type of DUI that a driver can be charged with and applies to drivers who are arrested for intoxicated driving with an alleged BAC of 0.10% – 0.159%. Additionally, those arrested for underage DUI are face charges of DUI with high BAC, even if their alleged BAC is below 0.10%.
- DUI With Highest Impairment: A DUI with highest impairment is the highest tier of DUI that a driver can be charged with in the State of Pennsylvania. This type of DUI is applicable for drivers who have been arrested for drunk driving with an alleged BAC of 0.16% or more. Individuals arrested for driving under the influence of a controlled substance also face charges of DUI with the highest impairment.
2.) The Penalties For A DUI Conviction Can Vary
The penalties that you face for a DUI arrest in Pennsylvania depends on several different factors.
The type of DUI that you are being charged with is one of the main factors that affects the penalties you will face. Additionally, any past DUI convictions that you may have will come into play when determining the penalties that you face.
For example, if you were arrested for driving under the influence for the first time and you are being charged with a general impairment DUI then you will be facing:
- 6 months of probation
- $300 fine
- $50 surcharge
- Mandatory highway alcohol safety school
- Drug or alcohol treatment (if ordered by court)
- Community service (if ordered by court)
- Other court-ordered penalties
However, if you were convicted of DUI at some point within the past ten years and are now being charged with a general impairment DUI, then the standard penalties that you face will be much more severe:
- 1 year of license suspension
- 5 days to 6 months in prison
- 1 year with ignition interlock device (IID)
- $300 to $2,500 fine
- $100 surcharge
- Mandatory highway alcohol safety school
- Drug or alcohol treatment (if ordered by court)
- Community service (if ordered by court)
- Other court-ordered penalties
The penalties listed above are only two scenarios of many potential circumstances. To learn more about the standard penalties for a DUI conviction in Pennsylvania, click here.
3.) A DUI Arrest Does Not Always Result In A Conviction
If you’ve been arrested on suspicion of driving under the influence then you should know that there is hope. A DUI arrest does not always result in a conviction.
Too many drivers charged with DUI mistakenly believe that they have no legal options after being arrested, other than pleading guilty.
However, you do have options.
Legal Help After A DUI
By contacting an experienced DUI defense attorney you can learn about alternative legal options after a DUI arrest, such as:
- Negotiating a favorable plea bargain
- Entering Pennsylvania’s ARD program
- Challenging your DUI arrest
Over the years we have helped many clients being charged with DUI to challenge their arrest and obtain a favorable outcome. Contact us today for a free consultation on your legal rights and learn how we can help you too.
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