FACING A CRIMINAL CHARGE?

Pennsylvania DUI laws prohibit driving, operating, or being in physical control of a motor vehicle while under the influence of alcohol, drugs, or controlled substances. A person may be considered to be "under the influence" of drugs or alcohol if their driving is impaired or they are unable to drive safely.

In the Commonwealth of Pennsylvania, the blood alcohol content (BAC) threshold is:

• .02% for bus drivers
• .02% for drivers below 21 years
• .04% for commercial drivers
• .08% for regular drivers

In Pennsylvania, drivers found guilty of a DUI are punished using a tier system based on their BAC levels. The severity of each punishment usually varies depending on how high your BAC level is and the number of prior convictions on your record.

A defendant who was arrested while operating a motor vehicle with a BAC level between .10% and .16% will face high rate charges.

First Offense

• Fine: Between $500 and $5,000
• Jail: From 48 hours to six months
• License Suspension: 12 months

• Fine: Between $750 and $5,000
• Jail: From 30 days to six months
• License Suspension: 12 months

• Fine: Between $1,500 and $10,000
• Jail: From 90 days to five years
• License Suspension: 18 months

Defendants who were caught while operating a motor vehicle with a BAC level of .16% or more will face the highest rate charges. This also applies to suspects who refused to take a breathalyzer test.

First Offense

• Fine: Between $1,000 and $5,000
• Jail: From 72 hours to six months
• License Suspension: 12 months

• Fine: Between $1,500 and $10,000
• Jail: From 90 days to five years
• License Suspension: 18 months

• Fine: Between $2,500 and $10,000
• Jail: From one year to five years
• License Suspension: 18 months

Under Pennsylvania's implied consent laws, a person who has a driver's license automatically agrees to submit to BAC testing if requested by a law enforcement officer. You are still within your rights to refuse a chemical test. However, if you do, the Pennsylvania Department of Public Transportation will suspend your driver's license immediately.

In Pennsylvania, successfully completing the Accelerated Rehabilitative Disposition (ARD) Program generally allows a person to have their DUI charges dismissed and expunged after filing the necessary paperwork with the court. Other possible exemptions and expungement include:

• Employment Exemption: Under certain circumstances, drivers who have obtained an ignition interlock device may be allowed to operate employer-owned vehicles, but only within the course and scope of their employment.
• Occupational Limited Licenses (OLL): In addition, first-time DUI offenders may be eligible for an Occupational Limited License after serving 60 days of their suspension.
• Expungement: According to section 1543 of the Vehicle Code, PennDOT will automatically expunge ARD records after 10 years provided that:
  • The person wasn't a commercial driver at the time of the arrest
  • The person didn't become a habitual offender (a person convicted of three major violations within a five-year period)

Defending yourself against DUI charges without the proper guidance or legal representation from a knowledgeable DUI defense attorney can potentially increase your risks of getting convicted and receiving the maximum punishment. If convicted, you could be facing a lengthy prison time, huge fines, license suspension, and other social consequences. Therefore, when facing DUI charges, it is paramount that you hire a highly-skilled Pennsylvania criminal defense attorney immediately to help protect your rights and build your defense.

For more than 20 years, I have been handling DUI cases and defending clients who were wrongfully accused of drunk driving. As an experienced Pennsylvania DUI defense attorney, I will review every detail of your case, conduct a thorough investigation, and outline an effective defense strategy in pursuit of the best possible outcome in your case. I will fight aggressively to defend your rights, protect your driving privileges, and improve your chances of a better future.