What are the Penalties for a DUI in PA?

For many people, driving under the influence is no big deal. They do it every weekend and never get caught. Until one day, they do, and they are scared. Now what?

Pennsylvania takes DUI offenses seriously. While the law focuses on treatment for first-time DUI offenders, you could still face various forms of punishment for driving with a blood alcohol content (BAC) above 0.08.

There are three levels of DUI:

1. General impairment (.08 to .099% BAC)
2. High BAC (.10 to .159% BAC)
3. Highest BAC (.16% and higher)

General Impairment

For someone with no prior DUI offenses, the punishment includes:

• One-year ignition Interlock requirement
• Misdemeanor charges
• Probation for up to 6 months
• $300 fine
• Alcohol highway safety school
• Possible treatment

The penalties increase if you have more offenses. You could also spend up to two years in prison.

High BAC

The minimum penalties for someone with a high BAC include:

• One-year ignition interlock requirement
• Misdemeanor charge
• 12-month license suspension
• Up to six months in prison
• Up to $5,000 fine
• Alcohol highway safety school
• Possible treatment

These increase with the number of prior offenses. A person can face a $10,000 fine and five years in prison.

Highest BAC

For very high BAC levels, you could face the following:

• One-year ignition Interlock requirement
• Misdemeanor charge
• 12-month license suspension
• Up to six months in prison
• Up to $5,000 fine
• Alcohol highway safety school
• Possible treatment

If you have two or more prior offenses, the penalties become elevated. You could face a first-degree misdemeanor, five years in prison, and a $10,000 fine.

Factors That Can Increase the Penalties

If you think the penalties outlined above are bad enough, there are situations in which the penalties can increase even more. They include the following:

• You have a BAC of 0.16%. The maximum penalties include up to $5,000 in fines, up to six months in jail, and a 12-month driver’s license suspension.
• You have prior DUIs. You could face penalties such as $2,500 in fines, up to six months in jail, and a 12-month driver’s license suspension.
• You caused an accident while driving under the influence. This is a felony offense in Pennsylvania. This is especially true if you face charges for aggravated assault by vehicle or homicide by vehicle. You may face penalties such as five years in prison.
• You had an open container. Under Pennsylvania’s open container law, being in possession of an open alcoholic beverage container while driving carries a $300 fine and 90 days in jail.

Contact Us Today

While a DUI is typically a misdemeanor charge, it can be enhanced to a felony in aggravated cases. Either way, such a charge can significantly affect your life.

That’s why you need Mette, Attorneys at Law, on your side. Our skilled Harrisburg, PA, criminal defense lawyer knows how to challenge the prosecution’s case against you. We understand how the local courts work and can craft a solid defense strategy. Schedule a consultation today by calling (717) 232-5000.