DUI Penalties - Speed Bump or Road Block?
If you are accused of Driving Under the Influence (DUI), a million questions may run through your mind. Am I going to jail? Am I going to lose my license?
Our legislature has established mandatory sentencing laws for DUIs in Pennsylvania:
| Tier |
1st Offense |
2nd Offense |
3rd Offense |
4th+ Offense |
1st Tier
-Incapable of Safe Driving
-BAC .08-.099 |
6 months probation; no license suspension |
5 day mandatory minimum -6months in jail; 12 month license suspension |
10 day mandatory minimum-2 years in jail; 12 month license suspension |
SAME |
2nd Tier
-BAC .10-.159
-under 21 & Tier 1 facts
-accident & Tier 1 facts |
2 day mandatory minimum-6 months in jail; 12 month license suspension |
30 day mandatory minimum-6months in jail; 12 month license suspension |
90 day mandatory minimum- 5 years in jail; 18 month license suspension |
1 year mandatory minimum-5 years in jail; 18 month license suspension |
3rd Tier
-BAC .16 & above
-Refusal of blood/breath
-Controlled Substances |
3 day mandatory minimum-6 months in jail; 12 month license suspension |
90 day mandatory minimum- 5 years in jail; 18 month license suspension |
1 year mandatory minimum-5 years in jail; 18 month license suspension |
SAME |
The above-outline of the various DUI tiers and penalties based on the number of the offense is not all inclusive. A person convicted under any of the tiers/offenses for DUI would also be subject to other penalties including, but not limited to, mandatory minimum fines, court costs, and terms/conditions of supervision. However, generally, people accused of DUI want to know if they can go to jail, how long, and the length of a license suspension, if any.
The key to these mandatory penalties is: they are triggered upon conviction, which occurs upon guilty plea/sentencing or a finding of guilt following a trial. With a knowledgable and experienced PA DUI Defense Attorney, you may be able to avoid some or all of these penalties by plea negotiations or trial. The first step is getting the right attorney involved at the inception of your case. Having a PA DUI Defense Lawyer involved in your case beginning with the Preliminary Hearing can be the difference between the consequences resulting in a speed bump, as opposed to a road block, in the rest of your life.
Attorney Shawn M. Curry has appeared and successfully defended DUI cases throughout the Commonwealth of Pennsylvania appearing in more than 20 counties. He is trained in Standard Field Sobriety Testing and Evidentiary Breath Testing. If you have been accused of DUI, call and ask for Attorney Curry for your initial, free phone consultation today at 1-800-615-0115.