DUI

Driving Under the Influence of Alcohol or Drugs (DUI)

Have you been charged with a DUI offense? You’re not alone. DUI charges in Pennsylvania have increased nearly three-fold in the last ten years. People from all socioeconomic backgrounds, cultures and professions have faced charges surrounding driving after the use of alcohol or drugs. With the increase in DUI arrests all across the state, the laws in Pennsylvania regarding penalties for DUI continue to become harsher, making the repercussions of a conviction more severe. In order to ensure your rights are protected, it is highly recommended you retain an experienced DUI attorney to represent you.

Classification of DUI/DWI Offenses & Penalties

There are a variety of DUI/DWI classifications, each of which carry their own mandatory penalties depending on whether the offense is a first or subsequent offense. While the classifications may seem “cut and dry,” it is recommended that you retain an attorney experienced in criminal defense to assist you in navigating what penalties may apply to your situation. Under some circumstances, you may be able to exclude blood alcohol concentration (BAC) evidence, or rely on case precedent, to argue for a lesser classification.

General Impairment (.08 to .099% BAC)

First Offense (within 10 years)

Grading: Ungraded misdemeanor
Probation: Up to 6 months
Fine: $300
Alcohol highway safety school
Treatment when ordered

Second Offense (within 10 years)

Grading: Ungraded misdemeanor
Jail: 5 days to 6 months
License Suspension: 12 months
Fine: $300 to $2,500
Alcohol highway safety school
Treatment when ordered
Ignition interlock: 1 year

Third or Subsequent Offense (within 10 years)

Grading: 2nd degree misdemeanor
Incarceration: 10 days to 2 years
License Suspension: 12 months
Fine: $500 to $5,000
Treatment when ordered
Ignition Interlock: 1 year

High BAC (.10 to .159% BAC)

First Offense (within 10 years)

Grading: Ungraded misdemeanor
Jail: 48 hours to 6 months
License Suspension: 12 months
Fine: $500 - $5,000
Alcohol highway safety school
Treatment when ordered

Second Offense (within 10 years)

Grading: Ungraded misdemeanor
Jail: 30 days to 6 months
License Suspension: 12 months
Fine: $750 to $5,000
Alcohol highway safety school
Treatment when ordered
Ignition interlock: 1 year

Third or Subsequent Offense (within 10 years)

Grading: 1st degree misdemeanor
Incarceration: 90 days to 5 years
License Suspension: 18 months
Fine: $1,500 to $10,000
Treatment when ordered
Ignition Interlock: 1 year

Fourth or Subsequent Offense (within 10 years)

Grading: 1st degree misdemeanor
Incarceration: 1 to 5 years prison
License Suspension: 18 months
Fine: $1,500 to $10,000
Treatment when ordered
Ignition Interlock: 1 year

Highest BAC (.16% and higher) or Controlled Substance

First Offense (within 10 years)

Grading: Ungraded misdemeanor
Jail: 72 hours to 6 months
License Suspension: 12 months
Fine: $1,000 to $5,000
Alcohol highway safety school
Treatment when ordered

Second Offense (within 10 years)

Grading: 1st degree misdemeanor
Incarceration: 90 days to 5 years
License Suspension: 18 months
Fine: $1,500 to $10,000
Alcohol highway safety school
Treatment when ordered
Ignition Interlock: 1 year

Third or Subsequent Offense (within 10 years)

Grading: 1st degree misdemeanor
Incarceration: 1 to 5 years
License Suspension: 18 months
Fine: $2,500 to $10,000
Treatment when ordered
Ignition Interlock: 1 year

Ignition Interlock:

You may be able to receive a limited license during the term of your suspension.

Many DUI offenses carry mandatory ignition interlock device periods. If you are subject to the ignition interlock requirement, you will be required to have a device installed on your car, or the car you will be driving, by a certified interlock ignition installer. While the ignition interlock period typically begins to go into effect after the initial license suspension period is over, under some circumstances, you may begin the ignition interlock period concurrent with your initial license suspension. An experienced DUI attorney can assist you in determining if you are eligible to apply for and receive an ignition interlock limited license during your suspension period, which will allows you to drive during the term of your suspension.

Defense Strategies

While many first time offenders may be eligible for entry into the accelerated rehabilitative disposition (ARD) program, thereby avoiding jail time, lengthy license suspensions and a record of criminal conviction, an experienced DUI attorney will be able to advise you as to whether this is your best option. The attorneys at Myers Law Group have experience defending DUI charges and in investigating what options are the best in your particular circumstances. While other firms may encourage you to immediately accept an offer of ARD or enter a negotiated guilty plea, we at Myers Law Group will leave no stone unturned when it comes to your defense, including assessing whether the initial stop was warranted and whether the police followed all the requirements required under both the Pennsylvania and United States Constitutions in order to ensure your rights are protected.

If you’ve been charged with DUI, you deserve a detail-oriented and passionate defense. Call us for a free case consultation 724-778-8800.