Philadelphia DUI Lawyers
Being arrested and charged with Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) in Pennsylvania is a serious situation that requires the counsel and representation of an experienced attorney. Penalties can include stiff fines, insurance surcharges, community service, loss of license and even prison. First time offenders face significant penalties that increase each time a person is convicted of drunk driving. If you or someone you know is charged with a DUI or DWI, it is imperative that you seek legal counsel immediately.
Pennsylvania Drunk Driving Laws
In Pennsylvania, a driver is considered to be under the influence of alcohol if their blood alcohol concentration (BAC) is .08 or higher. Drivers under the age of 21 are considered legally drunk if their BAC is .02 or higher. These are minimum blood alcohol levels and are considered to cause general impairment. Penalties are more severe for higher blood alcohol levels, whether it is a first time offense or repeated conviction. DUI charges also carry more serious penalties if there is bodily injury or damage to vehicles or property.
Penalties for DUI in Pennsylvania
Pennsylvania takes drunk driving seriously, and the penalties for convictions can significantly impact the life of the drunk driver. A driver with three or more DUI convictions is considered a habitual offender and will receive the most severe penalties.
DUI with General Impairment
A driver with a blood alcohol level of .08 but less than .10 is considered to be under general impairment. The penalties for general impairment all include mandatory attendance at an alcohol highway safety school, possibility of 150 hours of community service and compliance with any drug or alcohol treatment programs mandated by the judge. Additional penalties include:
- First Offense: Six months probation and a $300 fine.
- Second Offense: Loss of license for a period of 12-18 months, fine between $300 and $2,500, minimum incarceration of five days, and ignition interlock device for a period of one year following suspension period.
- Third or Greater Offense: Loss of license for a period of five years, fine between $500 and $5,000, imprisonment for a minimum of ten days, and ignition interlock device for a period of one year following suspension period.
DUI with a High Blood Alcohol Rate
A driver with a blood alcohol rate above .10 but below .16 is considered to have a high blood alcohol rate that carries the following penalties. These penalties are in addition to the possibility of 150 hours of community service, participation in an alcohol highway safety school, and compliance with all alcohol or drug treatment programs imposed by the judge.
- First Offense: Loss of license for a period of 12-18 months, mandatory incarceration for a minimum of 48 hours, fines between $500 and $5,000.
- Second Offense: Loss of license for a period of 12-18 months, mandatory incarceration for a minimum of 30 days, fine between $750 and $5,000, and ignition interlock device for a period of one year following suspension period.
- Third Offense: Loss of license for five years, mandatory prison term of at least 90 days, fine between $1,500 and $10,000, and ignition interlock device for a period of one year following suspension period.
- Fourth and Subsequent Offenses: Loss of license for a period of five years, minimum of one year imprisonment, fine between $1,500 and $10,000, and ignition interlock device for a period of one year following suspension period.
DUI with Highest Blood Alcohol Rate
A driver with a blood alcohol level of .16 or higher is considered to have the highest blood alcohol rate and will suffer the following penalties. These are in addition to attendance at an alcohol highway safety program, possibility of 150 hours of community service, compliance with all alcohol and drug treatment programs mandated by the judge, and ignition interlock device driver’s license for a period of one year following the suspension period.
- First Offense: Loss of license for a period of 12-18 months, minimum imprisonment of 72 hours, fine between $1,000 and $5,000.
- Second Offense: Loss of license for a period of 12-18 months, minimum of 90 days in prison, minimum fine of $1,500.
- Third and Subsequent Offenses: Mandatory loss of license for five years, minimum of one year in prison, fine of $2,500 or more.
Driving Under the Influence of Drugs
Driving under the influence in Pennsylvania refers to more than just driving while drunk. Driving while under the influence of illegal drugs, over the counter medications, or prescription drugs is just as serious as driving under the influence of alcohol. Unlike drunk driving, the problem that exists with prosecuting drugged drivers is the lack of available tests and standards that indicate the level of the driver’s impairment.
Philadelphia DUI Lawyers at Law Offices of Patrick G. Geckle represent those Charged with Drunk Driving in Pennsylvania
If you or someone you know has been charged with a DUI, contact the experienced and knowledgeable Philadelphia DUI lawyers at the Law Offices of Patrick G. Geckle at 215-735-3326 or complete our online contact form to schedule a consultation today. Our offices are conveniently located in Center City Philadelphia representing clients throughout Philadelphia County, Bucks County, Chester County, Montgomery County and Delaware County.