DUI Penalties

Pennsylvania DUI Penalties

Mandatory Minimum Sentences for Driving Under The Influence in PA

The DUI Sentencing Penalties for a conviction of Driving Under the Influence of Alcohol and/or Drugs are severe.

These penalties are controlled by the number of prior DUI convictions (or lack thereof) and the Tier for the current DUI offense.  The higher the tier and the greater the number of prior convictions a person has will increase the penalties a person can face upon conviction.

Calculating Prior Convictions

Pennsylvania has a 10-year look-back period.  Accordingly, all DUI convictions that occurred within the 10 years immediately prior to the current offense will be used to calculate the offense category for sentencing purposes.

Prior offenses within the 10-year look-back period are calculated from the date of the prior conviction to the current arrest date - not arrest date to arrest date, not conviction date to conviction date.

The "conviction" is the date of disposition or sentencing date.

Determining the Tier for the Current Offense

The current offense for Driving Under the Influence will fall into 1 of 3 categories.

Generally, the Tier is determined by a person's Blood or Breath Alcohol Content (BAC or BrAC).  Additionally, other factors can increase the Tier, for example, classification as a 'minor' under the age of 21 or a charge involving an accident, a refusal to submit to a blood or breath test, or drugged driving.

A "DUI Sentencing Chart" is provided below as an informative tool.

DUI Sentencing Chart

TIER

1 ST OFFENSE

2 ND OFFENSE

3 RD OFFENSE

FOURTH OR SUBSEQUENT

FIRST

.08 - .099

General Impairment

6 months probation;

$300 fine; no loss of license; D/A treatment; Alcohol Highway Safety School;

Ungraded misdemeanor

5 days mandatory minimum - maximum 6 months jail; mandatory minimum $300 - $2,500 fine; 1 year license suspension; D/A treatment; Alcohol Highway Safety School; ungraded misdemeanor

10 days mandatory minimum - maximum 2 years jail; mandatory minimum $500 - $5,000 fine; D/A treatment; 1 year license suspension; Alcohol Highway Safety School; second degree misdemeanor

SAME as 3rd

SECOND

.10 - .159

Tier 1 by Minor

Tier 1 w/ Accident

2 days mandatory minimum - maximum 6 months jail; mandatory minimum $500 - $5,000 fine;1 year license suspension; D/A treatment; Alcohol Highway Safety School;

Ungraded misdemeanor

30 days mandatory minimum -

maximum 6 months jail; mandatory minimum $750 - $5,000 fine; 1 year license suspension; D/A treatment; Alcohol Highway Safety School;

Ungraded misdemeanor

90 days mandatory minimum - maximum 5 years jail; mandatory minimum $1,500 - $10,000 fine; 18 month license suspension; D/A treatment; Alcohol Highway Safety School;

First degree misdemeanor

1 year mandatory minimum - maximum 5 year jail; SAME

THIRD

.16 and above

Refusal of Blood/Breath

Drugged Driving

3 days mandatory minimum - maximum 6 months jail; mandatory minimum $1,000 - $5,000 fine; 1 year license suspension; D/A treatment; Alcohol Highway Safety School;

Ungraded misdemeanor

90 days mandatory minimum - maximum 5 years jail; mandatory minimum $1,500 - $10,000 fine; 18 month license suspension; D/A treatment; Alcohol Highway Safety School;

First degree misdemeanor

1 year mandatory minimum - maximum 5 years jail; mandatory minimum $2,500 - $10,000 fine; 18 month license suspension; D/A treatment; Alcohol Highway Safety School;

First degree misdemeanor

SAME

Substantial Penalties Require a Serious Response

When you have been accused of driving under the influence of alcohol and/or drugs, the risks of being subjected to significant penalties are real:  mandatory minimum jail time, mandatory fines, suspension of driver's license, a permanent criminal conviction.

To defend against these substantial penalties, you need a serious response: an experienced, knowledgeable, and professional PA DUI Defense Lawyer.

Contact Shawn Curry Law today for a free case assessment.