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DUI

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DUI / Drunk Driving in Pennsylvania

Driving a vehicle under the influence of alcohol is never a good idea. Do not underestimate the impact of a DUI or Drunk Driving Offense on your professional career. You need a Westmoreland County DUI attorney that will fight for you when you are facing a conviction for drunk driving.

If caught operating a vehicle while under the influence of alcohol, you could face serious consequences, even for a first offense. If you are facing a DUI charge, we can help defend you at every step of the criminal process, including your license suspension hearing.

Legal Limit for Alcohol in Pennsylvania

The current DUI laws set the BAC of .08 % as the limit in Pennsylvania. A Blood alcohol concentration at .08 percent are higher is per se DUI and can result in a conviction. However, a Blood alcohol level as low as .05 percent can be considered in determining that a driver is guilty of a DUI because they are incapable of safe driving.

What Types of Pennsylvania DUI Charges are you Facing?

Pennsylvania law provides for three general categories of DUI offenses based on different levels of impairment. The consequences for offenses committed each level of impairment increase as the driver’s BAC increases or if a driver is deemed to have refused. The categories and penalties according to Pennsylvania Statutes § 3802 are:

General DUI Impairment with a BAC of .08 to .099%: First DUI (no prior DUI convictions)

A first offense DUI in Pennsylvania involving a BAC of 0.08 to .099 is not a felony but an ungraded misdemeanor with a statutory maximum sentence of six months of supervision including:


Pay a $300 fine.

Must complete the alcohol highway safety school

Must complete alcohol or drug treatment, if ordered.

Second DUI (one prior DUI conviction within 10 years)

A second DUI involving a BAC of 0.08 to .099 is also a misdemeanor carrying a minimum period of supervision but also carrying very serious consequences including:


A One Year driver license suspension.

A minimum of 5 days in jail (although the court can order up to 6 months).

You may be compelled to install and use an ignition interlock device for at least one year.

Pay a fine between $300 and $2,500.

Successfully complete the alcohol highway safety school.

Complete an alcohol or drug treatment, if ordered.

Third DUI (two prior DUI convictions within ten (10) years)

A third DUI involving a BAC of 0.08 to .099 is considered a second (2nd) degree misdemeanor and in addition to up to two years supervision, an individual can face:


A One Year driver license suspension.

A minimum of 10 days in jail (although the court can order up to 6 months).

You may be compelled to install and use an ignition interlock device for at least one year.

Pay a fine between $500 and $5,000.

Successfully complete the alcohol highway safety school.

Complete an alcohol or drug treatment, if ordered.

First DUI (no prior DUI convictions)

A first DUI involving a BAC of .10 to .159% is considered an ungraded misdemeanor. Under Pennsylvania law, the courts will typically impose the following sentence:


A One Year driver license suspension.

At least 48 hours in jail (although the court can impose up to 6 months in prison).

A fine between $500 and $5,000.

Successfully complete the alcohol highway safety school.

Complete an alcohol or drug treatment, if ordered.

Know Your Rights!

Schachte Law Group has experience handling DUI offenders at all critical stages of your criminal proceeding. Having a Westmoreland County defense attorney review your case ensures that you will be treated fairly throughout the process. Contact your local Greensburg attorney today.

Let us help you!

If you need help, please feel free to contact us. We will get back to you as soon as possible. If you’re in a hurry, please send us an email.

Call : (724)-257-1005

[email protected]Mon – Fri: 9:00 am – 4:00 pm

 

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