DUI

DUI in Philadelphia

Pennsylvania has strict laws governing DUI, or driving under the influence of alcohol or drugs. DUI penalties are based on the level of alcohol in your system, otherwise known as BAC, or blood alcohol content. BAC is determined by a somewhat complex and confusing formula and each test, whether breath or blood, will often have differing results. This information is extremely valuable in the hands of your DUI attorney. Many cases are won, lost, dismissed and negotiated upon based upon the relatively inconsistent BAC levels.

Pennsylvania’s BAC Levels:

.08 - .099 (Lowest) .10 - .159 (High-Middle) .16 -  Above (Highest)

First Pennsylvania DUI Offense Consequences for BAC of .08 - .099

Jail: 6 Months PROBATION Fine: $300 License Suspension: None

Please be aware that of all the states, Pennsylvania is one of the most lenient for first time DUI offenders, especially at the lowest BAC level. The reason for this may be a sincere interest in offering the defendant an opportunity to self-rehabilitate. Still, the consequences are serious. DUI is obviously extremely dangerous and potentially fatal.

Your Philadelphia DUI attorney will help you in every aspect of your DUI case. In some instances he may be able to successfully challenge procedural aspects of the arrest and his dismissal motion will be granted. It is not wise to represent yourself under any circumstances. You simply do not know the laws. Call our office for a free consultation. You can then decide how to proceed.

DUI in Pennsylvania: Other Consequences

First Pennsylvania DUI Offense Consequences for BAC .10 - .159

Jail: 2 Days to 6 Months Fine: $500 - $2000 License Suspension: 12 Months Ignition Interlock Device – Requirement Possible

First Pennsylvania DUI Offense Consequences for BAC .16 +

Jail: 3 Days to 6 Months Fine: $1000 - $5000 License Suspension: 12 Months Ignition Interlock Device – Possible or Probable Alcohol Highway Safety School Requirement

With lengthy jail times, expensive fines and longterm license suspensions – as well as other possible consequences – Pennsylvania imposes harsh  consequences for DUI offenders. The consequences can negatively affect you for years and years. Additionally, there are serious consequences not listed above that may apply to you, including:

Your Pennsylvania Auto Insurance Carrier May Drop Your Coverage Increased Philadelphia Insurance Rates – often double, triple and quadruple your present rates. DUI Insurance Penalties and Restrictions May Be Imposed by Insurance Carrier Insurance Increases May Last for Years Driver’s Record May Show DUI for Many Years or Permanently Obtaining Employment May Be Extremely Difficult With a DUI Conviction Employment Necessitating Driving as Part of the Job – Unlikely or Impossible College Loans or Scholarships May Be Affected or Negated

These are a few of the possible effects of a DUI conviction.

DUI in Pennsylvania: Second, Third Offenses

A second or third Pennsylvania DUI has severe consequences and you can

Lose your license for 18 months Be required to have an ignition interlock device installed Pay fines from $1500 - $2500 Be required to attend Alcohol Safety School. Spend up to 5 years in jail or prison

Of course, the circumstances of your present DUI will be affected by a prior DUI history and the specifics of those cases. Each case is unique and specific, depending on the circumstances and disposition. Other consequences may include:

Fulfill Community Service Requirements Additional Court Costs and Fines Probation Alcohol and/or Drug Testing Attend AA Meetings Mandated Counseling

Administrative DUI in Pennsylvania

Pennsylvania law allows you to be charged with two different types of cases for each offense. In addition to the criminal DUI, there is also:

Administrative DUI –  for refusing to submit to a breathalyzer or blood test

The Pennsylvania Dept. of Transportation may suspend your license for 12 – 18 months for refusing the test – in addition to criminal DUI You have 30 days to appeal If you do not appeal you will lose the case and your license will automatically be suspended

The reason you will be subjected to an additional challenge for refusing to take a BAC test is because you already gave your consent to take these BAC tests when you applied for and accepted your Pennsylvania driver’s license. Do not take chances on these complicated cases. Consult with an aggressive, proactive, qualified Philadelphia attorney. The consultation is free.

 

Pennsylvania DUI Resources

• Philadelphia Municipal Courts, 1301 Filbert Street, Suite 208, Philadelphia, PA 19107
• http://courts.phila.gov/municipal
• City of Philadelphia District Attorney’s Office, Three South Penn Square, Philadelphia, PA 19107
• United States District Court, Eastern District of Pennsylvania, 601 Market Street, Philadelphia, PA 19106
• Philadelphia Traffic Court, 800 Spring Garden Street, Philadelphia, PA 19123
• Philadelphia Justice Center, 1301 Filbert Street, Philadelphia, PA 19107
• Horizon House, 120 South 30th Street, Philadelphia, PA (215) 386-1500
• Drug-Rehab.org