Pennsylvania DUI Lawyer
Pennsylvania has some of the harshest penalties for a DUI conviction in the United States. Losing your driver’s license alone is unpleasant, but if you are convicted of a DUI, you may also face jail time, hefty fines, and a lifelong criminal record.
Additionally, a DUI conviction could result in loss of employment, if you hold certain professional licenses or a CDL, cause your insurance rates to increase or lose coverage all together, and limit future opportunities. The long-lasting consequences of a DUI conviction will have a negative impact on your future for many years to come.
Although being charged with DUI is very serious and the consequences are severe, it is important to remember that not every DUI arrest ends up in a conviction. It is also important to speak with an experienced DUI attorney as soon as possible to assess the strengths and weaknesses of your DUI case and review the available options, which can include pretrial diversion, a reduction of charges, dismissal of the charges, or securing an acquittal at trial.
Klopp Law offers free consultations to anyone charged with DUI in Pennsylvania. After speaking with you about your DUI case, Klopp Law will analyze the specific facts to determine which options are available and leverage those options to achieve the best outcome.
Understanding DUI Charges in Pennsylvania
In Pennsylvania, a DUI charge can result from operating a vehicle while under the influence of alcohol, drugs, or a combination of both. Penalties for DUI convictions can include fines, license suspension, mandatory alcohol education programs, and even mandatory jail time.
To secure a conviction for a DUI, the prosecution must prove beyond a reasonable doubt that the person:
Controlled the Vehicle
There must be proof that the defendant was driving, operating, or otherwise in actual physical control of the movement of a vehicle.
Was Sufficiently Impaired
Under Pennsylvania state law, a person is considered sufficiently impaired when he or she has consumed a sufficient amount of alcohol or controlled substances to render the person incapable of safe driving. This can be shown through the person’s behavior or by the presence of alcohol or controlled substances in the breath or blood. Pennsylvania automatically considers a person incapable of safe driving if the blood alcohol content reaches .08% (measured in grams per 100 milliliter of blood). When chemical testing reveals a BAC level of at least .10% but less than .16%, the person can be charged with DUI High Rate. If the chemical testing reveals a BAC of .16% or higher, the person can be charged with DUI Highest Rate.
If a person has any amount of a controlled substance or its metabolite in their blood, they can be charged with DUI regardless of whether they can safely control the vehicle.
Since the passage of the Medical Marijuana Act, many medical marijuana patients believe they are not at risk of getting a DUI for having marijuana in their blood while driving. However, this is not the case. Marijuana is still considered a Schedule I controlled substance. Therefore, under no circumstances may a person control a vehicle with marijuana in their blood. Until marijuana is rescheduled as Schedule II, medical marijuana patients must choose between medicating and driving, or risk being charged with a DUI offense.
Implied Consent
Refusal of chemical testing will not get you out of a DUI. Under 75 Pa.C.S. § 1547, anyone who operates a vehicle in Pennsylvania is considered to have given “implied consent” to chemical testing for alcohol and/or controlled substances when there is probable cause to believe that the person is under the influence of alcohol and/or a controlled substance. In fact, a refusal will likely result in the penalties similar to those imposed for a highest rate/controlled substances DUI conviction.
Penalties for DUI Convictions in Pennsylvania
Pennsylvania law provides that an individual arrested for Driving Under the Influence (75 Pa.C.S. § 3802) faces the following mandatory minimum sentences:
GENERAL IMPAIRMENT (Blood Alcohol Content of .08% – .099%, or Incapable of Safe Driving)
First Offense (Ungraded Misdemeanor):
– $300 fine, and
– No suspension of driving privileges.
Second Offense (Ungraded Misdemeanor):
– Five (5) days of imprisonment,
– $300 fine,
– Twelve (12) month suspension of driving privileges, and
– Installation of the Ignition Interlock Device on each vehicle owned by the defendant for a period of one (1) year.
Third or Subsequent Offenses (Second-Degree Misdemeanor):
– Ten (10) days of imprisonment,
– $500 fine,
– Twelve (12) month suspension of driving privileges, and
– Installation of the Ignition Interlock Device on each vehicle owned by the defendant for a period of one (1) year.
HIGH RATE OF BLOOD ALCOHOL, MINORS, COMMERCIAL VEHICLES, SCHOOL BUS/VEHICLE, and ACCIDENT (Blood Alcohol Content of .10% – .159%, within two hours after driving; a Minor with a Blood Alcohol Content of .02% or higher, within two hours after driving; a Commercial Driver with a Blood Alcohol Content of .04% or higher, within two hours after driving; a School Bus/Vehicle Driver with a Blood Alcohol Content of .02% or higher, within two hours after driving; and Incapable of Safe Driving with an Accident)
First Offense (Ungraded Misdemeanor):
– Forty-eight (48) consecutive hours of imprisonment,
– $500 fine, and
– Twelve (12) month suspension of driving privileges.
Second Offense (Ungraded Misdemeanor):
– Thirty (30) days of imprisonment,
– $750 fine,
– Twelve (12) month suspension of driving privileges, and
– Installation of the Ignition Interlock Device on each vehicle owned by the defendant for a period of one (1) year.
Third Offense (First-Degree Misdemeanor):
– Ninety (90) days of imprisonment,
– $1,500 fine,
– Eighteen (18) month suspension of driving privileges, and
– Installation of the Ignition Interlock Device on each vehicle owned by the defendant for a period of one (1) year.
Fourth or Subsequent Offenses (Third-Degree Felony):
– One (1) year of imprisonment,
– $1,500 fine,
– Eighteen (18) month suspension of driving privileges, and
– Installation of the Ignition Interlock Device on each vehicle owned by the defendant for a period of one (1) year.
INCAPACITY, HIGHEST RATE OF ALCOHOL and CONTROLLED SUBSTANCES (Blood Alcohol Content of .160% or higher, within two hours after driving; Incapable of Safe Driving with a refusal to submit to Blood Alcohol Content test; and a Controlled Substance, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, is in the blood of the driver)
First Offense (Ungraded Misdemeanor):
– Seventy-two (72) consecutive hours of imprisonment,
– $1,000 fine, and
– Twelve (12) month suspension of driving privileges.
Second Offense (First-Degree Misdemeanor):
– Ninety (90) days of imprisonment,
– $1,500 fine,
– Eighteen (18) month suspension of driving privileges, and
– Installation of the Ignition Interlock Device on each vehicle owned by the defendant for a period of one (1) year.
Third Offense (Third-Degree Felony):
– One (1) year of imprisonment,
– $2,500 fine,
– Eighteen (18) month suspension of driving privileges,
– Installation of the Ignition Interlock Device on each vehicle owned by the defendant for a period of one (1) year.
Accelerated Rehabilitative Disposition Program (ARD)
Accelerated Rehabilitative Disposition Program (ARD) is a pretrial diversion program for individuals with limited or no prior criminal record. Individuals placed on ARD do not plead guilty, nor does the Court impose a finding of guilt. Once approved, individuals are placed in the program, which is monitored by the County Probation and Parole Office. The primary advantage of the ARD program is that it allows eligible offenders to avoid a criminal conviction. If eligible, upon successful completion of all obligations, criminal charges may be expunged, meaning the charges are cleared from one’s record.
With acceptance into the ARD program, individuals agree to be placed under supervision of the Court (on probation) for a period of time established by the Court. You may be ordered to complete community service and/or treatment; pay fines, cost of prosecution, or restitution; and complete any other conditions imposed by the Court.
When facing DUI charges, contacting a DUI lawyer is the first critical step in achieving the most favorable outcome in the case. Schedule a confidential consultation with Klopp Law to discuss your DUI case.
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.