DUI Penalties
Trust Our Harrisburg DUI Attorneys for Your Defense
Pennsylvania penalties for driving under the influence (DUI) can be particularly harsh, especially for subsequent convictions. Our attorneys at Scaringi Law are equipped to handle the complex and challenging criminal cases that a DUI accusation brings. Our experience with the investigation process helps us thoroughly review each client’s case and find weaknesses in the prosecution’s argument.
If you want to discuss your case, call our Harrisburg DUI lawyers at (717) 775-7195.
1st DUI
The penalties for a first conviction are the lightest. Usually, this DUI sentence is the lightest because the court regards it as a mistake you will, presumably, avoid in the future. A judge might not jail you because there is no minimum jail time required; however, you could face 6 months of probation and a $300 fine. At the court’s discretion, a judge is allowed sentence you to jail if he or she feels you require the punishment.
The punishments will also increase the higher your blood alcohol level (BAC) was at the time of your arrest. For example, a BAC of 0.10 to 0.159 can get your license suspended for up to 1 year, and a BAC of 0.16 can earn you an administrative license suspension of 1 year with a potential for a hardship license. If your BAC is also higher than 0.10, you must also be jailed for a mandatory 2 days with a maximum sentence length of 6 months. Fines can also range from $500 to $5,000. A BAC of 0.16 requires a 3-day jail sentence with a maximum of 6 months, and you face fines from $1,000 to $5,000.
2nd DUI
A 2nd conviction will cause the punishments to increase in severity. The judge will assume the penalty for the first offense wasn’t enough to deter you from committing a DUI again. The levels will again vary depending on your BAC at the time a breath or blood test was taken.
For a BAC of 0.08 to 0.099, you could get from 5 days to 6 months in jail, a fine ranging from $300 to $5,000, attendance at alcohol highway safety school, alcoholism treatment, community service of up to 150 hours, and possible installation of an ignition interlock device (IID).
For a BAC of 0.10 to 0.159, you could get 30 days to 6 months in jail and a fine ranging from $750 to $5,000 in addition to attendance at alcohol highway safety school, alcoholism treatment, community service of up to 150 hours, and a possible IID installation.
If your BAC registered as 0.16 or higher, you could get 90 days to 5 years in prison, a fine ranging from $1,500 to $10,000, a mandatory IID installation, alcohol highway safety school, alcoholism treatment, and community services of up to 150 hours.
Additionally, the administrative penalty for each of the 1st 2 BAC levels is a 12-month license suspension. For the last BAC level, the administrative penalty is 18 months.
3rd DUI
A 3rd conviction will have even more severe penalties. Again, the punishments are separated into 3 levels. For a BAC of less than 0.10, you can be sentenced to jail from 10 days to 2 years and pay a fine ranging from $500 to $5,000. A BAC from 0.10 to 0.159 will get you 90 days to 5 years in jail and a fine between $1,500 and $10,000. If your BAC is 0.16 or above, the minimum jail sentence can range from 1 year to 5 years. Additionally, you could be fined from $2,500 to $10,000. For a 3rd DUI, you can also be ordered to serve up to 150 hours of community service, attend an alcohol assessment, and attend alcoholism treatment. A 3rd conviction will also be considered a 2nd-degree misdemeanor if your BAC is less than 0.10. Any higher, however, and you will be charged with a 1st-degree misdemeanor. Your driver’s license will also be suspended for 12 months with a low BAC. Higher BAC will increase the suspension to 18 months.
4th DUI and Subsequent Offenses
For a 4th or subsequent offense, the punishments will suit a 1st-degree misdemeanor offense. Your license will be suspended automatically for 18 months, you could face from a minimum of 1 year to a maximum of 5 years in prison, and you could be fined from $1,500 to $10,000. Additionally, the judge will order alcohol and drug treatment and order the installation of an IID in your car for up to 1 year.
Zero Tolerance
If you are convicted of a DUI under the age of 21, you will have your license automatically suspended for up to 1 year, be jailed for 2 days to 6 months, and be fined between $500 and $5,000. Pennsylvania is very strict about underage drinking. A 3rd or subsequent DUI will earn you a license suspension of up to 2 years.
Make Sure You Have Excellent Representation
Facing a DUI charge can be lead to serious consequences. Our Harrisburg criminal defense attorneys can help you protect your driver license and minimize the collateral consequences of a DUI arrest, such as disciplinary proceedings against those in licensed occupations. We understand a conviction, especially for commercial drivers, can be devastating, especially considering the threat of jail time, fees, and losing your driving privileges. Our DUI defense team takes a creative approach to DUI cases. Let us work with you to develop a great defense.
To begin your case, contact us today!