One of the most common criminal charges in Pennsylvania is DUI. You will face a host of penalties that can disrupt the rest of your life if you are arrested for driving while under the influence. This article deals with some of the many penalties a person can face here in Pennsylvania and why you should contact an experienced Allegheny County DUI lawyer to protect your future whether you find yourself staring down a conviction for a first-offense tier 1 DUI or a third-offense Highest BAC DUI.
What Are The Penalties for A First-Offense DUI in Pittsburgh?
The penalties for a first-offense DUI will vary depending on your level of intoxication, as measured by your blood alcohol content, at the time of the offense and whether you refused to submit to chemical testing. If your blood alcohol content is between 0.08 percent and 0.99 percent, you will receive a General Impairment DUI, which comes with the following penalties:
- An ungraded misdemeanor on your criminal record
- Mandatory six months of probation
- A potential fine of $300
- Mandatory participation and completion of alcohol highway safety school
- Treatment, if court ordered.
For a first-offense refusal to submit to chemical testing conviction, you will most likely face a 12-month suspension of your driver’s license and a potential fine of up to $500.
What Happens if I Get a Second DUI in Pittsburgh?
As you would probably expect, the consequences of a second-offense DUI are more severe than a first offense. If law enforcement arrests you and finds that you have a blood alcohol content worthy of tier 1 (General Impairment) charge, you will face the following consequences upon conviction:
- An ungraded misdemeanor on your criminal record
- A 12-month suspension of your driver’s license
- A period of incarceration between 5 days and 6 months
- A fine of anywhere between $300 and $2,500
- Mandatory participation in and completion of alcohol highway safety school
- Potential court-ordered treatment
- 1 year with the ignition interlock device installed in your vehicle
Will I Go to Jail for a Third DUI in Pittsburgh?
If law enforcement catches you operating a motor vehicle while under the influence of alcohol or drugs for a third time, they will probably consider you a repeat offender and ask the Commonwealth’s courts to treat you as such. Should you sustain a third conviction for General Impairment DUI, you will be incarcerated for anywhere from 10 days to 2 years. Furthermore, you will receive a second-degree misdemeanor on your criminal record, which could haunt you even after you have served your time.
What if I Get a Fourth DUI?
A fourth or subsequent offense DUI within a 10-year time frame qualifies as a third-degree felony. At a minimum, you will spend 10 days in jail. At a maximum, you may spend 7 years in a correctional facility. In addition, you will be subjected to the following penalties:
- A full drugs and alcohol assessment
- DNA sampling
- An 18-month license suspension
- Mandatory use of the ignition interlocking device for up to 1 year
- A fine between $500 and $5,000
As a result of sustaining a felony conviction, you will be barred from owning a firearm.
What Are The Penalties for Driving while under The Influence of Drugs?
Many erroneously think that driving under the influence charges is only for those who get behind the wheel after consuming alcohol. In fact, driving under the influence of drugs is just as illegal. Commonwealth law is very clear about driving under the influence of drugs. You will receive a DUI if you drive or are in actual physical control of a vehicle while under the influence of drugs to an extent where it impairs your ability to drive or if you have any amount of a controlled substance in your blood.
Again, the exact penalties will depend on the number of times you have previously sustained convictions for this or related offenses. Nonetheless, the penalties for a first-offense drug DUI are as follows:
- A misdemeanor conviction on your criminal record
- Mandatory minimum of 72 hours in jail
- A 12-month suspension of your driver’s license
- A fine between $1,000 and $5,000
- Potential court-ordered treatment
- Potential community service
- Potential enrollment in the alcohol highway safety program
- 1 year with the ignition interlock device installed in your vehicle
Will I Lose My Commercial License for a DUI in PA?
If you sustain a conviction for a CDL DUI, you will lose your commercial driver’s license. Among the other penalties, a conviction for a first-offense CDL DUI will suspend your commercial and Class C driver’s licenses for up to 12 months. After a second conviction for CDL DUI, you will again lose your driving privileges for up to 12 months, but this time you will be permanently disqualified from having a commercial driver’s license.
Does BAC Impact the Penalties I May Face for a DUI in PA?
All DUIs come with harsh penalties in the Keystone State. However, your penalties will be compounded if your blood alcohol content exceeds 0.10 percent. Pennsylvania has three tiers of intoxication. The first, General Impairment DUI, has already been outlined above. The second, High BAC DUI, applies to those with a BAC between 0.10 percent and 0.159 percent. The third, Highest BAC DUI applies to those with a BAC of 0.16 percent or higher. In every instance, they come with higher mandatory minimum periods of incarceration, fines, license suspension periods, and required use of ignition interlocking devices.
What Happens if I Get a DUI while under The Age of 21 in PA?
Under Pennsylvania’s zero-tolerance law, those who are under the age of 21 may receive a DUI if law enforcement finds they have a blood alcohol content of just 0.02 percent or higher. The courts will not hold back simply because you are underage. Indeed, prosecutors in the Commonwealth will prosecute you to the fullest extent of the law. If convicted of a first-offense underage DUI, you will face:
- An ungraded misdemeanor conviction on your criminal record
- A fine of up to $5,000
- A 12-month suspension of your driver’s license
- Between 48 hours and 6 months of incarceration
- 1 year with the ignition interlock device installed in your vehicle
- Mandatory enrollment in alcohol highway safety school
- Potential court-ordered treatment
Each subsequent conviction comes with increasingly severe penalties.
A conviction for even the slightest DUI offense can ruin the remainder of your life, which is why anyone faced with such charges should immediately avail themselves of effective legal representation. Those in need of a competent legal team should not hesitate to contact the Law Offices of former prosecutor George Heym today.
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