Penalties for DUI
It is that time of year again; and before you decide to get behind the wheel of your car, consider how much cheer you have consumed. In 2003, Pennsylvania lowered the amount of Blood Alcohol Content (BAC) necessary to be considered “Generally Impaired.” If a driver’s BAC level is at least .08% but less than .10%, he or she is considered to be Generally Impaired. Those who are found by a court to be Generally Impaired face the following penalties: First time offenders must undergo a minimum of six months probation and pay a $300 fine. Second time offenders will be imprisoned for at least five days and be responsible for fines ranging from $300 to $2,500. Subsequent offenders can be imprisoned for at least 10 days and be subjected to fines between $500 and $5,000.
A driver has a “High Rate of Blood Alcohol” when his or her BAC is at least .10% but less than .16%. Those who are convicted of DUI with a High Rate face the following penalties: First-time offenders must serve a mandatory minimum prison term of 48 hours and must pay fines varying from $500 to $5,000; second-time offenders must serve at least a 30 day prison term and pay a fine ranging from $750 to $5,000; third-time offenders will be imprisoned for at least 90 days and face fines from $1,500 to $10,000; subsequent offenders will be imprisoned for at least one year and be subjected to fines between $1,500 and $10,000.
The “Highest Rate of Blood Alcohol” is when an individual’s BAC is .16% or higher. Those who are convicted of DUI with the Highest Rate of Alcohol face mandatory minimum terms ranging from 72 hours to one year (depending on the frequency of offenses) and fines ranging from $1,000 to $10,000.
Anyone found to have driven under the influence, whether it be Generally Impaired, High Rate or the Highest Rate, must attend alcohol highway safety school; additionally the sentencing judge may impose up to 150 hours of community service and compel drug and alcohol treatment.
Under Pennsylvania law there is a mandatory license suspension of one year if a driver refuses to take a blood alcohol test, regardless of whether he or she is under the influence at the time. Therefore, we generally recommend that drivers cooperate with blood alcohol testing if requested to do so by a police officer. Drivers do not have the right to contact a lawyer prior to testing, and you generally do not have the choice of the type of test to be administered. Licensed drivers in Pennsylvania are deemed to have consented to BAC testing under the implied consent law.
If you are stopped under suspicion of driving under the influence of alcohol, attempt to contact your attorney at the earliest available opportunity. However, do not condition blood alcohol testing upon your contacting your attorney. Be cooperative and polite.
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