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DUI Laws in PA
The State of Pennsylvania has it own system for classifying dui laws, with dui penalties based upon level of Blood Alcohol Concentration in combination with an individual’s prior criminal history and the circumstances of a particular dui prosecution. In Pennsylvania as in all states the presumptive level of Blood Alcohol Level (BAC) to presume alcohol impairment is a BAC of .08 or higher.
When reviewing the following PA DUI Penalties there is always hope. A Pa DUI Laws attorney knows to inform those within their care that this .08 standard is a rebuttable presumption of intoxication. When reviewing the following dui laws in PA, one facing Pennsylvania DUI penalties must take immediate action to challenge the level of BAC alleged by the State of Pennsylvania through a skilled legal defense.
Learn How a Top Pa DUI Laws Attorney Can Help You. By successfully challenging BAC test results in Pennsylvania as well as all aspects of a PA DUI arrest, one may successfully counter the legal presumption of intoxication to secure a dismissal or reduction of potential dui penalties you or a loved one may be facing.
*Please keep in mind that the following DUI Laws in PA assume no aggravating legal factors that could elevate penalties based upon a specific fact pattern. For example, should death, injury or other violation of law result from the impaired driving, additional dui penalties and potential criminal charges could apply.
First Offense DUI Conviction in PA
If BAC level is below .10 on a first conviction for dui in Pa, Pa DUI Penalties include – Probation: Up to six months Fine: Up to three hundred dollars.
If BAC level on a first conviction for dui in Pa is at or above .10 and below a BAC level of.16, Pa DUI Penalties include – Jail: mandatory two days up to six months jail/probation. Fines: will range from $500 to $5,000. License Suspension: One Year. Restricted license possible after sixty days. Instillation of ignition interlock device may be required.
If BAC level on a first conviction for dui in Pa is at or above .16, Pa DUI Penalties include – Jail: three days up to six months. Fines: Minimum one thousand to five thousand dollars. License Suspension: One Year. Restricted license possible after 60 days. Instillation of ignition interlock device may be required.
Second Offense DUI in PA
If BAC level is below .10 on a second dui conviction for dui in Pa, Pa DUI Penalties include – Jail: Five days to six months. Fines: From three hundred to two thousand five hundred dollars. License Suspension: One Year.
If BAC level on a second conviction for dui in Pa is at or above .10 and below .16 Pa DUI Penalties include – Jail: thirty days to six months. Fines: From seven hundred fifty to five thousand dollars. License Suspension: One Year.
If BAC level on a second conviction for dui in Pa is at or above .16, Pa DUI Penalties include – Jail/Prison: ninety days to five years. Fines: One thousand five hundred dollars. License Suspension: Eighteen months. Ignition interlock and alcohol safety school will be required.
Third Offense DUI in PA
If BAC level is below .10 on a third conviction for dui in Pa, Pa DUI Penalties are as follows – Jail/Prison: Ten days to two years. Fine: Five hundred to five thousand dollars. License Suspension: One Year.
If BAC level is at or above .10 and below.16 for a third conviction for dui in Pa, Pa DUI Penalties are as follows – Jail/Prison: Ninety days to five years. Fine: One thouseand five hundred to ten thousand dollars. License Suspension: eighteen months.
If BAC level is at or above .16 for a third conviction for dui in Pa, Pa DUI Penalties are as follows – Jail/Prison: One to five years. Fine: Two thousand five hundred dollar minimum. License Suspension: Eighteen months with required ignition interlock prior to license reinstatement.
Multiple offenses beyond those stated may be subject to additional penalties depending upon specific circumstances.
Implied Consent Laws
Implied Consent laws nationwide stand for the proposition that one must submit to alcohol testing if an officer of the law suspects a driver is impaired under the influence of alcohol. As a pre condition to being granted a drivers license one is essentially agreeing to submit to such testing or face mandatory license suspension. In Pennsylvania, failure to submit to a chemical test for alcohol may result in a license suspension for one year for a first refusal with potential harsher penalties thereafter in addition to any of the above referenced PA dui penalties.
Words of Legal Wisdom For The Pa DUI Defendant
1.) The Bail Bondsman or Jail Guard Is Not Your Friend When Recommending An Attorney.
A common problem throughout the legal system in Pennsylvania are DUI Defendants with inadequate legal representation. Soon after a jail booking it is not uncommon to learn that legal counsel was obtained by the recommendation of a jail guard or bail bondsman. One must give serious thought to the issue of why such individuals would take such an interest in extending legal advice to someone they have never met. Unfortunately, the reason in most cases are individuals who have an arrangement to receive a referral fee from lawyers in return for sending unsuspecting clients there way. To be sure, such an arrangment is not only unethical, but grounds for legal discipline in most if not all states. However, such potential punishment has not deterred those with a profit motive to provide legal advice not usually in the dui defendant’s best interest. There is no substitute for doing your homework when selecting the best Pa DUI Lawyer that’s right for your case. If you seek referrals, it is best to engage those within the legal community or to solicit the thoughts of people who have actually been represented by a particuliar Pa dui laws attorney.
2.) If You Are To Be Represented By The DUI Attorney, It Should Be You Who Makes The Initial Contact.
A skilled PA DUI Laws Attorney is usually highly sought after. For such an individual, time can unfortunately be limited in the service of those in need. If you truly are in need of the attorney’s assistance you want to put your best foot forward with a demonstrated interest in legal advice and/or potential representation. Most quality Pa DUI Lawyers are pleased to help those in need at no cost. However, the best way to acquire such free assistance is not to have others call for you. In such cases, the message being sent to the attorney is that the individual most affected does not have sufficient interest in his own case. At the very least, the best and most complete legal advice will not be provided for a concern that the time spent alone with a concerned wife or parent will be a non productive use of time without the active engagement of the individual with the most to lose.
3.) The “Local” Attorney Dilemna
Universally, a majority of those polled come to the belief that retaining a “local” attorney for their dui case is the best course of action toward effective legal representation. This belief is not correct. The proper question when finding a Pa DUI laws attorney best for your case is not where does the attorney practice, but what does the attorney practice? While the best case scenario may very well be the selection of a local dui defense attorney who has limited his caseload to the defense of drunk driving cases, such is not always the case. For example, it is quite reasonable to expect a small community attorney to have a smattering of knowledge in many different legal disciplines to make a living. While admirable, when arrested for a dui in Pa, the percentages dictate that the best dui lawyer for your legal protection is an attorney who practices exclusively in the field of dui defense, whether the lawyer hails from a small town or can be found in Philly or Pittsburgh.
4.) If Arrested or Under Investigation Don’t Wait To Confer With A Pa DUI Laws Attorney
When under investigation or charged with a dui in Pa, the case isn’t just going to go away. Many people in such a circumstance reasonably become gripped with fear and put off confronting the challenge of securing legal assistance. Some decide to “wait it out” to their later peril. Some find it more conforting to listen to friends or family winging free legal advice for the asking. If stopped for a Pa DUI do not wait to seek legal assitance. Most reputable Pa dui laws will recognize your anxiety and will take the time to speak to you for free as to the best way to proceed. Too many people make the mistake of speaking to everyone, be it their buddies, jail guards, bail bondsmen or even arresting officers about their plight, when the first contact should always be to the experienced Pa Dui laws attorney who best knows how to protect your legal rights.