Pennsylvania DUI Laws & Attorneys
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Pennsylvania’s state motto is “Virtue, Liberty, and Independence”. Getting busted driving under the influence or after imbibing alcohol or intoxicants (DUI/DAI) and you will lose some virtue, liberties and maybe some independence too.
Pennsylvania DUI’s are predicated on an unusual set of circumstances. Their definition of the levels of intoxication and penalties depend upon an offender’s blood alcohol content (BAC) and prior driving under the influence (DUI) convictions both in and out of state. There are three categories of BAC: .08% to .099%, .10% to .159%, and .16% and higher. Also included are penalties for refusing to take a BAC test.
Pennsylvania’s DUI ‘per se’ law states that a blood alcohol content of .08% by itself constitutes impairment to a degree that you are assumed to be unsafe behind the wheel. The law also relates to driving under the influence of drugs (DUID). This means that if you have any measurable amount of drugs in your system, you can suffer the penalties of the highest alcohol level DUI’s.
Every driver in Pennsylvania has given their ‘implied consent’ for a blood alcohol test (BAC) when they received a license. This means their breath, blood, or urine will be tested for alcohol and/or drugs when under the suspicion of a Pennsylvania DUI charge. You should note that you have the right to a second test at your own expense at a place of your choice. When blood is drawn with or without a request from law enforcement, it is extremely important to have your Pennsylvania DUI attorney contact the hospital or lab immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding confidentiality of medical records.
However, you can also be prosecuted for driving ‘under the influence’ if it can be proven that you were driving in an unsafe manner. Under this theory circumstantial evidence, such as slurred speech, blood shot watery eyes, unbalanced coordination, hazardous driving, and field sobriety tests can be proof that a driver was “under the influence”.
If you haven’t been drinking or you believe that you might have been “impaired” from a benign source such as alcohol based paint or solvents, mouthwash, prescription or over-the-counter drugs be aware that you can still be arrested for a Pennsylvania DUI, even though you are not “legally drunk”.
Also, you can still be found guilty if you had the ability to drive a vehicle, even if you weren’t. For example, if you were sitting in the vehicle and the keys were in the ignition you can be arrested for a DUI.
After being charged with a Pennsylvania DUI you’re going to face two adversaries: the criminal courts, and the Pennsylvania Department of Transportation (PennDOT). If your license was suspended or revoked because of a DUI, you will be offered a formal hearing.
PennDOT hearings may be a crucial opportunity to let your Pennsylvania DUI defense attorney cross-examine, rebut testimony, and confront evidence offered by those involved in your arrest and investigation. You have the right to make a request within 10 days after receiving a notice of suspension for an administrative hearing with PennDOT to try avoiding a loss of driving privileges. Your license will be lost if a hearing is not requested, for not appearing, or for an unsuccessful outcome. This hearing is not a trial and producing evidence of innocence and the burden of proof bears upon the accused. PennDOT sanctions can also be imposed even if you are found not guilty in a criminal court case.
Be advised that Pennsylvania has an out-of-state Driver’s License Compact Agreement. This means that Pennsylvania DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Pennsylvania DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
Across the country DUI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact a Pennsylvania DUI specialist. In any case, when you are stopped and arrested for suspicion of a Pennsylvania DUI, request to see a DUI attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
Not all reasons offered by officers are legal. Check with a Pennsylvania DUI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them in court or at a hearing.
And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until instructed by a Pennsylvania DUI lawyer. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, and probably for many months.
Did I Have A Right To Make A Call?
Law enforcement officers are not required to advise you of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to a Pennsylvania DUI specialist.
I’m Simply Going To Plead Guilty, Why Do I Need A Pennsylvania DUI Lawyer?
The penalties and the numerous, complicated laws relating to motor vehicles, DUI charges and Pennsylvania drunk driving laws should be taken very seriously. Pennsylvania DUI convictions and penalties can be long lasting and severe, both in court and with the Pennsylvania Department of Transportation, which regulates your driving privileges.
Experienced and skilled legal counsel may be able to help maximize your defenses thereby mitigating your penalties. A Pennsylvania DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
When considering consulting a Pennsylvania DUI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges, increased cost or cancellation of auto insurance, lost educational opportunities, inability to rent or own cars, restrictions on travel, damage to security clearances, job barriers, possible harm to professional credentials or certifications, and the loss of freedom. Don’t you think these rights, possessions, achievements and abilities are worth protecting?
What’s A Pennsylvania DUI Defense Attorney Going To Cost?
One of the biggest concerns for people charged with driving while intoxicated is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from a Pennsylvania DUI attorney might save them thousands of dollars in the years to come.
What Are Court Costs?
Additional costs outside of the fine for court or administrative services, regulated by state penal or vehicle codes violated. They can be costly.
Did I Have To Take a Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance to establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. But even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% in 66% to 77% of the time.
What if I Refused To Take a BAC (blood alcohol content) Test?
Refusal carries certain penalties which may be more severe than a 1st DUI conviction. The arresting officer will take your license and it will be automatically suspended.
Can I Plea Bargain?
It is next to impossible to plea bargain a Pennsylvania drunk driving charge without an experienced Pennsylvania DUI lawyer. Often effective DUI counsel will be able to negotiate a plea to a lesser charge.
A plea bargain means that you agree to plead guilty to some lesser charge or having your attorney and prosecutor mitigate the penalties. Practiced Pennsylvania DUI attorneys often times will be able to negotiate a plea to a lesser charge as many cases are resolved prior to trial. The plea bargain is extremely advantageous to anyone accused of a Pennsylvania DUI, but remember even a conviction to a lesser charge will still count as a ‘prior’ for calculating penalties for future offenses.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DUI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without services of a veteran Pennsylvania DUI specialist, specialized pleas or plea bargaining is not possible.
Is Being Punished by the Pennsylvania DMV and the Criminal Courts Double Jeopardy?
Like most states, Pennsylvania law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. The Pennsylvania Department of Transportation administers driver’s licenses, imposes civil penalties, serves as the judge, jury and also deals out punishment.
What if I Am An Out-Of-State Driver?
Be advised that Pennsylvania and most states have an out-of-state Driver’s License Compact Agreement, meaning that Pennsylvania DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Pennsylvania DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of priors, refusal to submit to a BAC test, or any ‘operating while intoxicated’ convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program or have an ignition interlock device installed on your vehicle.
Can I Get a Limited Driver's License?
For first time offenders after a 60 day license suspension waiting period, conditional licenses with limited hours for work, school, substance abuse programs, and medical treatment are permitted – with strict guidelines.
What About Enhanced Punishments For Pennsylvania DUI Convictions?
Under the DUI law minors, commercial drivers, school vehicle or bus drivers, and offenders involved in an injury accident or sizeable property damage may be subject to the high BAC penalties. Refusing a BAC test may impose the highest BAC penalties, along with priors, a minor in the car and speeding or reckless driving.
Any time you face multiple or ‘aggravated’ charges, or if death, injuries or sizeable property damage occurs, the fallout for Pennsylvania multiple convictions will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and a loss of license and vehicles for years, if not permanently. We strongly recommend retaining an experienced Pennsylvania DUI attorney in order to secure the best possible outcome of a potentially severe situation.
What About My Insurance?
Your insurance rates will probably increase or be cancelled. Rates for your family members, or even for your employer (if you use a company car), may increase as well.
– Pennsylvania DUI Criminal Penalties –
BAC of .08% and .099% – 1st Offense No Priors within 10 years
6 months maximum probation.
$300 fine.
Alcohol/substance abuse evaluation and/or DUI school
2nd Offense
1 year license suspension.
5 days to 6 months in jail.
$300 up to $2,500 fine.
DUI school if ordered.
1 year ignition interlock device installed.
Possible community service.
Alcohol/substance abuse evaluation and/or DUI school
3rd Offense
1 year license suspension.
5 days to 6 months in prison.
$500 up to $5,000 fine
Alcohol/substance abuse treatment if ordered and/or DUI school.
1 year ignition interlock device installed on vehicle.
Possible community service.
BAC of .10% to .159% – 1st Offense No Priors Within 10 Years
1 year license suspension.
2 days up to 6 months in prison.
DUI school and or/substance abuse treatment if ordered.
Up to 150 hours of community service.
2nd Offense
1 year license suspension.
30 days up to 18 months in prison.
$1,500 to $10,000. fine.
1 year ignition interlock device installed on vehicle.
DUI school and substance abuse treatment if ordered.
Up to 150 hours of community service.
BAC .16% and Higher or With Controlled Substances – 1st Offense
1 year license suspension.
3 days up to 6 months in prison.
$1,000 up to $5,000 fine.
DUI school and substance abuse treatment.
Up to 150 hours of community service.
2nd Offense
18 months license suspension.
1 to 5 years in prison.
$2,500 up to $10,000 fine.
DUI school and substance abuse treatment.
1 year ignition interlock device installed on vehicle.
Up to 150 hours of community service.
3 Or More Offenses
18 months license suspension.
1 to 5 years in prison.
$2,500 up to $10,000 fine.
DUI school and substance abuse treatment.
1 year ignition interlock device installed on vehicle.
Up to 150 hours of community service.
Refusal of BAC Test
1st refusal:
1 year to 18 months suspension of license.
Mandatory 3 days to 5 years in jail.
$1,000 up to $10,000 fine.
1 year ignition interlock device installed on vehicle.
Up to 150 hours of community service.
Court Reporting Network Evaluation.
Alcohol and Highway Safety Program.
Drug and Alcohol Assessment and Treatment Program.
2nd refusal:
1 year license suspension.
90 days to 5 years in jail.
$1,500 up to $10,000 fine.
Plus the above programs and treatment and community service.
3rd refusal:
1 year license suspension
1 to 5 years in jail.
$2,500 to $10,000 fine.
1 year ignition interlock device installed on vehicle.
Plus all the above programs and treatments.
4th refusal:
18 months license suspension.
1 year to 5 years in jail.
$2500 to $10,000 fine.
1 year ignition interlock device installed on vehicle.
All the above programs and treatments.
Underage DUI
BAC of .02% (zero tolerance law. Any amount of alcohol detected and you are assumed guilty of a DUI).
Up to 1 year license suspension.
Substance abuse evaluation.
$500 to $5000 fine plus court costs and any restitution.
Alcohol Highway Safety Program and any other program ordered by court.
Accelerated Rehabilitation Disposition Program.
Possible 2 days in jail.
Community service as ordered.
BAC refusal 1 year suspension of license.
Minors, commercial drivers, school vehicle or bus drivers, and offenders involved in an accident that injures someone or causes property damage may be subject to the high BAC penalties even if their BAC is not in the high category.
Commercial Vehicle License
1st offense:
BAC of 0.04% 1 year license disqualification.
1st refusal 1 year license disqualification.
BAC up to .16%, the license suspension, prison time, fines and specifications for alcohol highway safety school and treatment are the same as for violations for the "high rate" of alcohol.
BAC of .16% or greater, the penalties are the same as violations of the highest rate of alcohol.
Offenders who refuse breath or chemical testing may be subject to the highest BAC penalties.
3 years disqualification if hauling hazardous material with a DUI.
Subsequent offense lifetime license disqualification.
Expungement of Records
PennDOT will automatically expunge records after 10 years providing the driver was not a habitual offender and not a commercial driver when receiving a DUI.
– Pennsylvania Department of Transportation –
PennDOT Penalties
1 year license suspension.
The balance of penalties are the same as the criminal sanctions (see above).
Refusing BAC Test
1st offense.
1 year license suspension
3 days mandatory jail.
Subsequent offenses see above.
Operating a Vehicle with Suspended License
60 days mandatory incarceration.
$500.00 fine.
Additional one year suspension.
– Disclaimer –
Only experienced Pennsylvania DUI attorneys should provide you with bonified legal advice concerning Pennsylvania DUI laws. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with accredited Pennsylvania DUI attorneys. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned professional Pennsylvania DUI attorney specializing in DUI cases.
– Citations –
Pennsylvania Law. Title 75 subsections: 3803, 3804, 3805, 3806, 3807, 3811, 3812, 3814, 3815, 3816, 3817, 6506
