Pennsylvania has proved through its stern enforcement of DUI laws that driving under the influence of drugs and alcohol will not be tolerated, and those who are convicted of this crime will be harshly penalized. Despite this crime's overall seriousness, the state determines the severity of penalties through the categorization of three blood alcohol concentration (BAC) levels.
If your BAC reaches the highest level (.16 or more), you will be forced to undergo incredibly damaging DUI penalties, that will make it hard to find a good job, limit your ability to commute freely, and will even compromise your freedom. Defendants convicted of a high-level DUI may be looking at months and even years behind bars.
If you have been convicted of a DUI with a very high BAC, it is important you understand the gravity of your situation. In this article, we will reference Pennsylvania's DUI laws and penalties, the three-tier system, and the significance of retaining a lawyer to assist you through the legal process.
DUI with Alcohol over .16 / Third Tier DUI
If you are stopped by the police under the suspicion of a DUI, an officer will request that you take a breathalyzer, blood, or urine test. These tests will determine if you are under the influence of alcohol or drugs by assessing how much of it (if any) is in your blood. A person is considered to be “impaired” if he or she has a BAC that pans out to .08% or more.
If a test concludes that your BAC is .16% or higher - double the legal limit - you will be charged with a third tier DUI. This is the highest tier DUI recognized under Pennsylvania law.
Penalties
Due to Pennsylvania's strict DUI laws, third tier DUIs are charged as a misdemeanor, and warrant penalties of imprisonment, even for a first offense. The following penalties will be imposed upon defendants convicted of this crime:
First Offense
- Up to six months in prison
- A fine of up to $5,000
- 12-month license suspension
- Alcohol highway safety school
- Drug and alcohol treatment (if ordered)
Second Offense
- Up to five years in prison
- A fine of up to $10,000
- 18-month license suspension
- Ignition interlock installation for one year
- Alcohol highway safety school
- Drug and alcohol treatment (if ordered)
Subsequent Offenses
- Up to five years in prison
- A fine of up to $10,000
- 18-month license suspension
- Ignition interlock installation for one year
- Drug and alcohol treatment (if ordered)
Pennsylvania Criminal Defense Attorney
With all that is at stake, you can't afford to not retain legal counsel. Joseph D. Lento has represented clients who have acquired both misdemeanor and felony DUI charges, and he's helped them prevail in court. He can do the same for you. Contact him today for help.
