7 Factors that Can Increase the Penalties for a DUI in Pennsylvania!

When you get a DUI in Pennsylvania, the penalties you are facing depend on the facts of your case. While the penalties for a standard first-time DUI involving a blood alcohol concentration (BAC) of less than 0.10 percent are minor by comparison, the consequences of having a DUI conviction on your record can increase the costs of your drunk driving arrest substantially. As a result, it is important to hire an experienced defense lawyer regardless of the circumstances of your case.

But, in many cases, the court-imposed penalties for a DUI can far exceed the minimum sentence for a standard first-time offense. This can result from several factors. If any of these factors are involved in your case, it will be even more important to put an experienced defense lawyer on your side.

What Are the Factors that Can Increase the Costs of a DUI in Pennsylvania?

What are the factors that can increase the costs of a DUI in Pennsylvania? Here are seven of the most common examples:

1. Your BAC was 0.10 Percent or Above

Standard first-time DUI charges in Pennsylvania carry up to a $300 fine and six months of probation (you will also be required to attend alcohol education, undergo evaluation, and potentially receive treatment). But, the penalties increase substantially if your BAC is 0.10 percent or above. For a BAC of 0.10 to 0.15 percent, the maximum penalties include:

• $500 to $5,000 in fines
• Two days to six months in jail
• 12-month driver’s license suspension

For a BAC of 0.16 percent or above, the maximum penalties include:

• $1,000 to $5,000 in fines
• Three days to six months in jail
• 12-month driver’s license suspension

2. You Have a Prior DUI (or Multiple Prior DUIs)

Regardless of your BAC, you will be facing enhanced penalties if you have a prior DUI on your record. For a second DUI arrest with a BAC of 0.08 to 0.09 percent, the penalties include:

• $300 to $2,500 in fines
• Five days to six months in jail
• 12-month driver’s license suspension
• Installation of an ignition interlock device for 12 months (at your expense)

Additionally, just life first-time DUIs, the penalties for a second DUI increase once your BAC gets to 0.10 percent. Above 0.16 percent, you can face a minimum 90-day jail sentence—along with increased fines, a longer driver’s license suspension, and other enhanced penalties.

If you already have two DUI convictions on your record, a third arrest can lead to a felony DUI charge in some cases. If you are being charged with a felony DUI as a repeat offender, you could be facing several thousands of dollars in fines and several years of imprisonment.

3. You Caused an Accident While Driving Under the Influence

In Pennsylvania, causing an accident while driving under the influence is also a felony offense. In these cases, the penalties that are at stake depend on the severity of the accident. For example, in addition to facing a DUI charge, you could also face charges for:

• Aggravated Assault by Vehicle While Driving Under the Influence – Aggravated assault by vehicle while driving under the influence is a second-degree felony that carries up to a $25,000 fine and 10 years of imprisonment.
• Homicide by Vehicle While Driving Under the Influence – Homicide by vehicle while driving under the influence is also a second-degree felony in most cases, although prosecutors can pursue first-degree felony charges in some circumstances. If charged with a second-degree felony, you will face a mandatory minimum prison sentence of three years. A first-degree felony charge can carry a mandatory minimum sentence of five to seven years depending on your criminal history.

4. You Had an Open Container

You can also face additional penalties if you have an open container in your vehicle. Under Pennsylvania’s open container law, being “in possession of an open alcoholic beverage container” while driving is a summary offense that carries up to a $300 fine and 90 days in jail. Since an open container violation is a separate charge, you can face these penalties regardless of whether you are found guilty of driving under the influence.

5. You Had a Minor Passenger

Having a minor passenger in your vehicle also increases the consequences of a DUI arrest in Pennsylvania. For a first or second DUI offense, having a passenger under the age of 18 can expose you to a $10,000 fine and five years of prison time. For a third DUI offense, you can face a third-degree felony charge carrying up to a $15,000 fine and seven years of imprisonment.

6. You Refused the Breath Test

Refusing the breath test during a DUI stop is a violation of Pennsylvania’s “implied consent” law. Similar to an open container violation, you can be convicted of an implied consent violation regardless of whether you are found guilty of driving under the influence. In Pennsylvania, a first-time implied consent violation results in an automatic one-year driver’s license suspension. A second or third violation will result in a driver’s license suspension of 18 months.

7. You Are a Student, Licensed Professional, or Service Member

A DUI conviction can also lead to additional consequences if you are a college student, licensed professional, or member of the Armed Forces. Depending on your individual circumstances and the facts of your case, these consequences may include:

• College Students – For college students, a DUI can lead to academic discipline from the Student Judicial Council or Judicial Affairs.
• Licensed Professionals – For licensed professionals, a DUI can lead to disciplinary action—up to and including license suspension or revocation in many cases.
• Military Service Members – For military service members, a DUI conviction can have a range of consequences—up to and including demotion or dishonorable discharge in some circumstances.

Discuss Your DUI Case with Philadelphia Defense Lawyer Brian Fishman

Brian Fishman is a Philadelphia criminal defense lawyer and former criminal prosecutor who brings over 20 years’ experience to the table. If you are facing a DUI charge in Pennsylvania, he can help protect you. To discuss your case with Mr. Fishman in confidence as soon as possible, call 267-758-2228 or tell us how we can reach you online now.