If you’ve been arrested for driving under the influence in Pennsylvania, it will be important for you to learn about the laws that apply in your case. The more you know, the more you can do to protect yourself, and the better your chances will be of avoiding unnecessary consequences.

With that said, there are no guarantees. Pennsylvania DUI laws are strict, and arrests lead to convictions in many cases. But, you do have options available, and you can choose the best option for your case with the help of an experienced DUI defense attorney.

What You Need to Know About Pennsylvania DUI Laws

To work effectively with your DUI defense attorney, you will want to learn about Pennsylvania’s DUI laws. Here is an overview of what you need to know:

Pennsylvania’s Three Levels of DUI Charges

Pennsylvania’s drunk driving statute establishes three levels of DUI charges. The higher the level of your DUI charge, the more severe the penalties you are facing. Pennsylvania’s three levels of DUI charges are:

  • General Impairment – If your blood alcohol concentration (BAC) was between 0.08 percent and 0.099 percent, you are most likely facing a general impairment DUI. Prosecutors also pursue general impairment charges in cases in which the defendant’s BAC wasn’t determined.
  • High BAC – You can be charged with a high BAC DUI in Pennsylvania if your BAC is between 0.10 percent and 0.159 percent.
  • Highest BAC – You can be charged with the highest BAC DUI in Pennsylvania if your BAC is 0.16 percent or above.

There is an important fact to keep in mind about general impairment DUI charges under Pennsylvania law: You can be convicted of a general impairment DUI even if prosecutors don’t have evidence of your BAC. Thus, while challenging the accuracy or reliability of your BAC reading can be an important defense strategy, this is not enough on its own.

Along with having a BAC of 0.10 percent or above (which can lead to a high BAC or highest BAC charge), other factors can increase the risks of a DUI arrest in Pennsylvania as well.

For example, if you are being accused of causing an accident while driving under the influence, you could be facing a charge of aggravated assault by vehicle or homicide by vehicle. These are serious felony charges that carry substantial fines and up to 10 years of imprisonment, if not more, with a mandatory minimum sentence in many cases.

Pennsylvania’s Implied Consent Law

If you are facing a DUI charge in Pennsylvania, it is also important to be aware of the Commonwealth’s implied consent law. This law requires you to take a chemical BAC test upon request during a DUI stop—provided that your arresting officer complies with the law as well. If you violate Pennsylvania’s implied consent law during your DUI stop, you can be charged with a “DUI refusal,” and you can face penalties for your refusal regardless of whether you were driving under the influence.

Pennsylvania’s DUI & DUI Refusal Penalties

As we mentioned above, the level of DUI charge you are facing will determine the penalties that are on the table. If you are facing a DUI refusal charge, this carries additional penalties that you could face even if you aren’t convicted of DUI. Generally speaking, the penalties you could be facing include:

  • Fines
  • Probation
  • Jail time
  • Driver’s license suspension
  • CRN evaluation
  • Alcohol highway safety school
  • Alcohol treatment

The penalties for specific DUI-related charges vary greatly; and, if you are a repeat offender, this will have a major impact on the potential consequences of your arrest as well. Pennsylvania’s DUI laws are very strict—and, if you are not very careful, you could end up facing substantial penalties unnecessarily.

Accelerated Rehabilitative Disposition (ARD) in Pennsylvania DUI Cases

How can you avoid unnecessary penalties under Pennsylvania’s DUI laws? One option that may be available to you is to enter into the Commonwealth’s Accelerated Rehabilitative Disposition (ARD) program. Participating in the ARD program is similar to being on probation; but, if you complete the program successfully, your DUI charge will be dropped. As a result, if you do not have a strong defense to your DUI charge, then entering into the ARD program could be your best option—provided you are eligible to do so.

You can learn more about the ARD program, including the eligibility requirements, from the Pennsylvania Liquor Control Board.

Plea Bargaining in Pennsylvania DUI Cases

Pennsylvania is among the states that allow plea bargaining in DUI cases. If you are not eligible for ARD, then negotiating a plea bargain could be your best option for avoiding unnecessary consequences under Pennsylvania’s DUI laws.

In most cases, negotiating a plea bargain in a Pennsylvania DUI case means pleading guilty to reckless driving. Reckless driving convictions can still lead to fines, increased insurance premiums, and other consequences—so you should not automatically assume that this is your best option. But, if it is your best option, you will want to rely on your DUI defense attorney to negotiate with the prosecutor’s office on your behalf.

DUI Expungement Under Pennsylvania Law

Pennsylvania is also among the states that allow for expungement of qualifying DUI convictions. Having a DUI conviction on your record can have significant consequences in many areas of your life. As a result, if you find yourself facing a DUI conviction, you will want to make sure that you file for expungement as soon as you are eligible to do so. Generally speaking, you can file for expungement if you have a qualifying conviction and maintain a clean record for five years after your DUI.

Request a Free Consultation with Philadelphia DUI Defense Attorney Brian Fishman

Do you need to know more about Pennsylvania’s DUI laws? If so, we encourage you to contact us for a free consultation. To discuss your case with Philadelphia DUI defense attorney Brian Fishman in confidence, call 267-758-2228 or request an appointment online today.