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Pennsylvania Driving Under the Influence (DUI)

Pennsylvania Driving Under the Influence (DUI)

 

Driving Under the Influence (DUI) charges can be very serious, scary, and costly. You could be facing significant fines and/or jail time.Depending on your Blood Alcohol Content (BAC) level and number of offenses, a DUI offender could be facing; mandatory 6 months probation to 5 years in jail, a fine from $300 to $10,000, a license suspension up to 18 months, increased car insurance rates, and limited future job prospects due to a permanent criminal record.

However, there are options. Depending on the facts of your situation, you may be eligible for a pretrial diversionary program (ARD or ASP), a Probationary license, an Occupational Limited License, the dropping of charges, or an acquittal. There are many variations of options and outcomes when dealing with a DUI. All depend on the facts of your case. At Banks Law, we fully understand the legal problems facing our clients and the options available for a positive outcome with their DUI case.

For example, some DUI offenders may be eligible for ARD, ASP, Flat Sentencing, Inpatient Credits, House Arrest, Work Release,Probationary LicenseOccupational Limited LicenseIgnition Interlock, and acquittal or a not guilty verdict. Some of these programs are pretrial diversionary programs that attempt to alleviate lengthy court proceedings in exchange for set course of action. Whereas others attempt mitigate the harsh mandatory sentences.

Driving Under the Influence (DUI) – Generally

Pennsylvania Statute 75 Ps. C.S. 3802, prohibits any person from driving, operating, or being in actual physical control of the movement of a vehicle; after drinking (any amount) or using drugs (even prescription or over the counter drugs) to the extent that it impairs the individuals driving; or with a specific Blood Alcohol Content (BAC) greater than .08%. The penalty for a DUI 75 Ps. C.S. 3802 is determined on the number of prior offenses. For purposes of sentencing, there is a 10 year look back period. This means that you count all prior DUI’s within the past 10 years including Accelerated Rehabilitative Disposition (ARD) cases.

Driving Under the Influence (DUI) – Specific Offenses

 

General Impairment

A person will be charged and subsequently found guilty of Driving Under the Influence (DUI) General Impairment 75 Ps. C.S. 3802 (a)(1) if a person drives while being incapable of safe driving after drinking any amount of alcohol on any public roadway, highway, or traffic way. If found guilty or a plea of guilt is entered to this charge, the penalties are:

                First DUI Offense

  • Mandatory 6 Months Probation
  • $300 Fine
  • Alcohol Highways Safety School (AHSS)
  • No License Suspension
  • CRN Evaluation
  • Drug & Alcohol Assessment if required by CRN

                Second DUI Offense

  • 5 Days to 6 Months in Jail
  • $300 to $2,500 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 12 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

                Third DUI Offense

  • 10 Days to 2 Years in Jail
  • $500 to $5,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 12 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

                Fourth DUI Offense

  • 10 Days to 2 Years in Jail
  • $500 to $5,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 12 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

 

 

Low Rate of Alcohol – BAC 0.08% to 0.10%

Under Pennsylvania Law a person will be found guilty of Driving Under the Influence (DUI) Low Rate of Alcohol, 75 Ps. C.S. 3802 (a)(2), when they are driving, operating, or in actual physical control of the movement of a vehicle on any public roadway, highway, or traffic way with a BAC of 0.08% to 0.10%. If found guilty or a plea of guilt is entered to this charge, the penalties are:

                First DUI Offense

  • Mandatory 6 Months Probation
  • $300 Fine
  • Alcohol Highways Safety School (AHSS)
  • No License Suspension
  • CRN Evaluation
  • Drug & Alcohol Assessment if required by CRN

                Second DUI Offense

  • 5 Days to 6 Months in Jail
  • $300 to $2,500 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 12 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

                Third DUI Offense

  • 10 Days to 2 Years in Jail
  • $500 to $5,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 12 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

                Fourth DUI Offense

  • 10 Days to 2 Years in Jail
  • $500 to $5,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 12 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

 

 

High Rate of Alcohol – BAC 0.10% to 0.16%

Under Pennsylvania Law a person will be found guilty of Driving Under the Influence (DUI) High Rate of Alcohol, 75 Ps. C.S. 3802 (b),when they are driving, operating, or in actual physical control of the movement of a vehicle on any public roadway, highway, or traffic way with a BAC of 0.10% to 0.16%. If found guilty or a plea of guilt is entered to this charge, the penalties are:

                First DUI Offense

  • Mandatory 48 Hours to 6 Months Jail
  • $500 to $5,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 12 Months
  • CRN Evaluation
  • Drug & Alcohol Assessment if required by CRN

                Second DUI Offense

  • 30 Days to 6 Months in Jail
  • $750 to $5,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 12 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

                Third DUI Offense

  • 90 Days to 5 Years in Jail
  • $1,500 to $10,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 18 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

                Fourth DUI Offense

  • 90 Days to 5 Years in Jail
  • $1,500 to $10,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 18 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

 

 

DUI by Minors with a .02% BAC or Greater

Under Pennsylvania Law a person will be found guilty of Driving Under the Influence (DUI) by a minor, 75 Ps. C.S. 3802 (e), when they are driving, operating, or in actual physical control of the movement of a vehicle on any public roadway, highway, or traffic way with a BAC of 0.02% or greater. If found guilty or a plea of guilt is entered to this charge, the penalties are:

                First DUI Offense

  • Mandatory 48 Hours to 6 Months Jail
  • $500 to $5,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 12 Months
  • CRN Evaluation
  • Drug & Alcohol Assessment if required by CRN

                Second DUI Offense

  • 30 Days to 6 Months in Jail
  • $750 to $5,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 12 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

                Third DUI Offense

  • 90 Days to 5 Years in Jail
  • $1,500 to $10,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 18 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

                Fourth DUI Offense

  • 90 Days to 5 Years in Jail
  • $1,500 to $10,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 18 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

 

 

Commercial Drivers

Under Pennsylvania Law a person will be found guilty of Driving Under the Influence (DUI) Commercial Drivers, 75 Ps. C.S. 3802 (f),when they are driving, operating, or in actual physical control of the movement of a commercial vehicle on any public roadway, highway, or traffic way with a BAC of 0.04% or greater. If found guilty or a plea of guilt is entered to this charge, the penalties are:

                First DUI Offense

  • Mandatory 48 Hours to 6 Months Jail
  • $500 to $5,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 12 Months
  • CRN Evaluation
  • Drug & Alcohol Assessment if required by CRN

                Second DUI Offense

  • 30 Days to 6 Months in Jail
  • $750 to $5,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 12 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

                Third DUI Offense

  • 90 Days to 5 Years in Jail
  • $1,500 to $10,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 18 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

                Fourth DUI Offense

  • 90 Days to 5 Years in Jail
  • $1,500 to $10,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 18 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

 

 

School Bus Drivers

Under Pennsylvania Law a person will be found guilty of Driving Under the Influence (DUI) School Bus Drivers, 75 Ps. C.S. 3802 (f),when they are driving, operating, or in actual physical control of the movement of a school vehicle on any public roadway, highway, or traffic way with a BAC of 0.02% or greater. If found guilty or a plea of guilt is entered to this charge, the penalties are:

                First DUI Offense

  • Mandatory 48 Hours to 6 Months Jail
  • $500 to $5,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 12 Months
  • CRN Evaluation
  • Drug & Alcohol Assessment if required by CRN

                Second DUI Offense

  • 30 Days to 6 Months in Jail
  • $750 to $5,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 12 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

                Third DUI Offense

  • 90 Days to 5 Years in Jail
  • $1,500 to $10,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 18 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

                Fourth DUI Offense

  • 90 Days to 5 Years in Jail
  • $1,500 to $10,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 18 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

 

 

Highest Rate of Alcohol – BAC 0.16% or Greater

Under Pennsylvania Law a person will be found guilty of Driving Under the Influence (DUI) Highest Rate of Alcohol, 75 Ps. C.S. 3802 (c), when they are driving, operating, or in actual physical control of the movement of a vehicle on any public roadway, highway, or traffic way with a BAC of 0.16% or greater. If found guilty or a plea of guilt is entered to this charge, the penalties are:

                First DUI Offense

  • 72 Hours to 6 Months Jail
  • $1,000 to $5,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension 12 Months
  • CRN Evaluation
  • Drug & Alcohol Assessment

                Second DUI Offense

  • 90 Days to 5 Years in Jail
  • $1,500 to $10,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 18 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

                Third DUI Offense

  • 1 to 5 Years in Jail
  • $2,500 to $10,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 18 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

                Fourth DUI Offense

  • 1 to 5 Years in Jail
  • $2,500 to $10,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 18 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

 

 

Chemical Test Refusals – BAC Refused

Under Pennsylvania Law a person will be found guilty of Driving Under the Influence (DUI) Chemical Test Refusal, 75 Ps. C.S. 3802 (a1), when they are driving, operating, or in actual physical control of the movement of a vehicle on any public roadway, highway, or traffic way and refused to submit to a request by an authorized agent of the state to sample the drivers blood, breath, or urine.  If found guilty or a plea of guilt is entered to this charge, the penalties are:

                First DUI Offense

  • 72 Hours to 6 Months Jail
  • $1,000 to $5,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension 12 Months
  • CRN Evaluation
  • Drug & Alcohol Assessment

                Second DUI Offense

  • 90 Days to 5 Years in Jail
  • $1,500 to $10,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 18 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

                Third DUI Offense

  • 1 to 5 Years in Jail
  • $2,500 to $10,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 18 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

                Fourth DUI Offense

  • 1 to 5 Years in Jail
  • $2,500 to $10,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 18 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

 

 

Drug DUI – Controlled Substances, Prescription Drugs, & Over-the-Counter Medicines

Under Pennsylvania Law a person will be found guilty of a Drug Driving Under the Influence (DUI) or DUI Controlled Substance, 75 Ps. C.S. 3802 (d), when they are driving, operating, or in actual physical control of the movement of a vehicle on any public roadway, highway, or traffic way with:

  1. Any amount of a designated controlled substance (no proof of impairment needed);
  2. Specific solvents or noxious substances, if use of substance violates the criminal code (no proof of impairment needed);
  3. Any drug (even over the counter medicines) if the Commonwealth proves the impairment of the drivers ability to safely drive; and
  4. Any combination of alcohol and drugs if the Commonwealth proves the impairment of the drivers ability to safely drive.

If found guilty or a plea of guilt is entered to this charge, the penalties are:

                 First DUI Offense

  • 72 Hours to 6 Months Jail
  • $1,000 to $5,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension 12 Months
  • CRN Evaluation
  • Drug & Alcohol Assessment

                Second DUI Offense

  • 90 Days to 5 Years in Jail
  • $1,500 to $10,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 18 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

                Third DUI Offense

  • 1 to 5 Years in Jail
  • $2,500 to $10,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 18 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

                Fourth DUI Offense

  • 1 to 5 Years in Jail
  • $2,500 to $10,000 Fine
  • Alcohol Highways Safety School (AHSS)
  • License Suspension of 18 Months
  • Ignition Interlock of 1 Year
  • Full Drug & Alcohol Assessment

 

 

 

Banks Law Group represents individuals charged with Drug DUI – Controlled Substances, Prescription Drugs, & Over-the-Counter Medicines, Chemical Test Refusals – BAC Refused, DUI Highest Rate of Alcohol – BAC 0.16% or Greater, School Bus Drivers, Commercial Drivers, DUI By Minors with a .02% BAC or Greater, DUI High Rate of Alcohol – BAC 0.10% to 0.16%, DUI Low Rate of Alcohol – BAC 0.08% to 0.10%, DUI General Impairment, First Offense DUI, Second Offense DUI, Third Offense DUI, or Fourth Offense DUI in Gettysburg PA, Reading PA, Doylestown PA, West Chester PA, Bloomsburg PA, Carlisle PA, Harrisburg PA, Media PA, Mifflintown PA, Lancaster PA, Lebanon PA, Allentown PA, Wilkes-Barre PA, Williamsport PA, Stroudsburg PA, Norristown PA, Danville PA, Easton PA, Sunbury PA, Pottsville PA, Middleburg PA, Laporte PA, Lewisburg PA, York PA.

 

If you are facing a Drug DUI – Controlled Substances, Prescription Drugs, & Over-the-Counter Medicines,Chemical Test Refusals – BAC Refused, DUI Highest Rate of Alcohol – BAC 0.16% or Greater, School Bus Drivers, Commercial Drivers, DUI By Minors with a .02% BAC or Greater, DUI High Rate of Alcohol – BAC 0.10% to 0.16%, DUI Low Rate of Alcohol – BAC 0.08% to 0.10%, DUI General Impairment, First Offense DUI, Second Offense DUI, Third Offense DUI, or Fourth Offense DUI and are in need of an experienced DUI defense attorney or DUI defense law firm, please do not hesitate to contact us Banks Law Group at 844-815-9632 and speak with one of our trusted DUI lawyers.