THE DUI SINK HOLE Part 2 : LEGAL PENALTIES

The DUI sink hole is a long dark hole that you have managed to slip into. If you have been arrested and charged with a DUI, you are already in pretty deep. But there are ways out. In this blog series part 2, we will discuss the dark penalties you may be facing.

hole

A DUI conviction is not something that you can just walk away from or hope that it goes away. It will be a permanent part of your driving record and criminal history regardless of whether it is a DUI conviction, or plea of “guilty”, or a nolo contendere plea. It never comes off your criminal record. It is reported to PennDOT, which in turn, reports it to the Nation Driver’s License Registry. The offense remains on these computer records for all driver’s licensing agencies nationwide to access. This is why it is imperative to FIGHT a DUI charge to avoid a conviction. Because if you are convicted, the only way to have it removed is if the President of the United States of the Governor of Pennsylvania grants you a pardon.

In PA, a DUI is a criminal charge that has a three tiered penalty range, depending on two variables: 1) the level of the charge, and 2) the number of prior convictions.

Tier Description First Offense Second Offense Third Offense
General Impairment Penalties BAC .08% to .099% No license suspension license suspension – 1 year license suspension – 1 year
Up to 6 month probation 5 days to 6 mos. prison 10 days to 2 years prison
$300 fine $300 – $2,500 fine $500 – $5,000 fine
Highway safety classes Highway safety classes Highway safety classes
Ignition interlock – 1 year Ignition interlock – 1 year
High Blood Alcohol Content a) for BAC .10% to .159%
b) under 21 BAC .02%
c) CDL/School bus driver BAC .04%d) an accident with bodily injury, vehicle/property damage
license suspension – 1 year license suspension – 1 year license suspension- 18 months
48 hours to 6 mos. prison 30 days to 6 mos. prison 90 days to 5 years prison
$500 – $5,000 fine $750 – $5000 fine $1,500 – $10,000 fine
Highway safety classes Highway safety classes Highway safety classes
Ignition interlock – 1 year Ignition interlock – 1 year
Highest Blood Alcohol Content a) for BAC .16+
b) controlled substances in blood
c) those who refused chemical tests
license suspension- 1 year license suspension- 18 months license suspension- 18 months
72 hours to 6 mos. prison 90 days to 5 years prison 1 year to 5 years prison
$1,000 – $5,000 fine $1,500 – $10,000 fine $2,500 – $10,000
Highway safety classes Highway safety classes Highway safety classes
Ignition interlock- 1 year Ignition interlock- 1 year

A person who has three DUI convictions within a certain period of time, however, can be characterized as a habitual offender and will have his or her driver’s license revoked for five years.

Now looking at the list of penalties as a first time offender, you might think that you can handle this yourself.  It is important to realize, that there are ways to challenge this and the best thing to do is fight the charge to avoid penalties and to avoid a permanent record.  The penalties become increasingly heftier with jail time, fines and driver’s license suspension.  Don’t dig a deeper hole for yourself.  Call the experienced DUI defense attorneys at The McShane Firm for your Free Initial Consultation at 1-866- McShane.

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.

Comments

comments

Leave a Reply

Your email address will not be published. Required fields are marked *