When your blood alcohol content tests at .08 percent or higher, you are over Pennsylvania’s legal limit and you can be charged with DUI.
Your BAC Level
After the police stop you and administer a field sobriety test, the police may feel they have reasonable grounds to compel you to take a blood, urine or breath test to determine your BAC. (You can read more about DUI testing here.)
Your chemical test needs to be administered no more than two hours after your arrest, according to Pennsylvania law. If you refuse to be tested, your driver’s license will automatically be suspended for one year.
Three-Tier System
Pennsylvania’s system for punishing those who drive impaired is based on both the driver’s BAC and whether they have previous convictions.
First tier (BAC of .08 to .099) is general impairment and the lowest level.
Penalties for first tier DUI, first offense:
- Up to six months probation
- $300 fine
- Alcohol highway safety school
- The court may order you to take a treatment program
Penalties for first tier DUI, second offense:
- Five days to six months in jail
- $300 to $2,500 fine
- One year license suspension
- Ignition interlock for one year
- Possible court-ordered treatment
Penalties for first tier DUI, third offense:
- 10 days to two years in jail
- $500 to $5,000 fine
- One year license suspension
- Ignition interlock for one year
- Possible court-ordered treatment
Second tier (BAC of .10 to .159) is high impairment and the middle tier.
Penalties for second tier DUI, first offense:
- Two days to six months in jail
- $500 to $5,000 fine
- One year license suspension
- Alcohol highway safety school
- Ignition interlock for one year
- Possible court-ordered treatment
Penalties for second tier DUI, second offense:
- 30 days to six months in jail
- $750 to $5,000 fine
- One year license suspension
- Alcohol highway safety school
- Ignition interlock device for one year
- Possible court-ordered treatment
Penalties for second tier DUI, third offense:
- 90 days to five years in jail
- $1,500 to $10,000 fine
- 18 month license suspension
- Ignition interlock for one year
- Possible court-ordered treatment
Third tier (BAC of .16 or more) is the highest impairment and top level.
Penalties for third tier DUI, first offense:
- Three days to six months in jail
- $1,000 to $5,000 fine
- One year license suspension
- Alcohol highway safety school
- Ignition interlock for one year
- Possible court-ordered treatment
Penalties for third tier DUI, second offense:
- 90 days to five years in jail
- $1,500 to $10,000 fine
- 18 month license suspension
- Alcohol highway safety school
- Ignition interlock for one year
- Possible court-ordered treatment
Penalties for third tier DUI, third offense:
- One to five years in jail
- $2,500 to $10,000 fine
- 18 month license suspension
- Ignition interlock device for one year
- Possible court-ordered treatment
Questions? Contact me.
Your rights are at stake and you need the best defense to keep them. I will fight using the strongest defense available to get your DUI charge reduced or dismissed so you can move on with your life.
