DUI DEFENSE

First DUI Offense in Pennsylvania

The consequences of a DUI will vary depending on several factors. It's crucial to understand where you stand after being charged with a DUI in Pennsylvania. Having an experienced DUI attorney in Pennsylvania, like Edward Nicholson, on your side is the best way to ensure you achieve the best possible outcome from your charge.

General Impairment:

The mandatory penalties for your first DUI with a BAC in the range of .08% to .10% are:

- 6 months probation

- $300 Fine

- Must complete the Alcohol Highway Safety School

- Complete Alcohol or Drug Treatment, if ordered

- No license suspension

High Tier:

The mandatory penalties for your first DUI with a BAC in the range of .10% to .16% are:

- Minimum 48 hours in jail (courts can impose up to 6 months jail)

- Fine between $500 and $5,000

- Must complete the Alcohol Highway Safety School

- Complete Alcohol or Drug Treatment (if ordered)

- 12 months license suspension

Highest Tier:

The mandatory penalties for your first DUI with a BAC in the range higher than .16% are:

- At least 72 hours in jail (court can impose up to 6 months in jail)

- Fine between $1,000 and $5,000

- Complete the Alcohol Highway Safety School

- Complete Alcohol or Drug Treatment (if ordered)

- 12 months license suspension

DUI is a crime in Pennsylvania, and your first DUI offense in Pittsburgh is classified as an Ungraded Misdemeanor.

Second and Subsequent DUI Offenses in Pennsylvania

When you're charged with your second or subsequent DUI within 10 years of your first DUI offense in Pittsburgh, you are going to be facing serious DUI penalties in Pennsylvania. Not only are you looking at jail time, fines, and required drug and alcohol treatment, but you will also face lengthy license suspension periods and possibly need to install an ignition interlock system.

General Impairment:

The mandatory penalties for your second DUI with a BAC in the range of .08% to .10% are:

- Jail: 5 days to 6 months

- Fine: $300 to $2,500

- Alcohol Highway Safety School

- License Suspension: 12 months

- Ignition Interlock: 1 year

- Full D&A Assessment

High Tier:

The second DUI with a BAC in the range of .10% to .16% is classified as an Ungraded Misdemeanor and the mandatory penalties are:

- Jail: 90 days to 5 years

- Fine: $750 to $5,000

- Alcohol Highway Safety School

- License Suspension: 12 months

- Ignition Interlock: 1 year

- Full D&A Assessment

Highest Tier:

The second DUI with a BAC higher than .16% is classified as a Misdemeanor 1 and the mandatory penalties are:

- Jail: 90 days to 5 years

- Fine: $1,500 to $10,000

- Alcohol Highway Safety School

- License Suspension: 18 months

- Ignition Interlock: 1 year

- Full D&A Assessment

If you find yourself facing these charges, it’s crucial to consult a qualified DUI attorney in Pennsylvania to navigate these severe penalties.

When you’re facing your first DUI offense in Pittsburgh, Pennsylvania, you may have the opportunity to take advantage of an alternative to the typical criminal court proceedings. The Accelerated Rehabilitation Disposition Program (ARD) is primarily offered to first-time offenders who have otherwise been law-abiding citizens prior to this incident. Having an experienced DUI attorney in Pennsylvania, like Edward Nicholson, can significantly enhance your chances of qualifying for ARD.

Are you eligible?

A DUI offense is eligible for ARD under the following conditions:

• It is a first offense within ten years.

• No one was killed.

• No individual, other than the offender, was seriously injured.

• There were no passengers in the offender’s vehicle under the age of 14 at the time of the offense.

Mandatory License Suspension for ARD is outlined as follows:

• No suspension if BAC (Blood Alcohol Concentration) is under .10% and the offender is not a minor.

• A suspension of 30 days if BAC is .10% to less than .16%.

• A suspension of 60 days if BAC is .16% or greater, if BAC is unknown, or if the DUI involves drugs or violations of Implied Consent.

• A suspension of 90 days if the offender is a minor.

Mandatory Conditions of ARD for a DUI Offense

• Mandatory license suspension as specified.

• Restitution to any individual who incurred a financial loss.

• Payment of any other fees, surcharges, or costs required by law, including fees for AHSS, evaluation, and treatment.

• Any other conditions set by the Court.

• Completion of Alcohol Highway Safety School.

• Probation supervision ranging from a minimum of 6 months to a maximum of 12 months.

• Full D&A Assessment, particularly if BAC is .16 or greater or if the CRN Profile report indicates the necessity for further evaluation for D&A counseling or treatment.

In the state of Pennsylvania, if you’re pulled over and suspected of DUI, authorities will require you to take a chemical breath, blood, or urine test. Refusing to take the test can lead to even harsher DUI penalties in Pennsylvania. Specifically, declining a chemical BAC test will result in an automatic 1-year mandatory license suspension. If you do refuse the testing, it is crucial to have an experienced DUI attorney in Pennsylvania by your side. Edward Nicholson is well-versed in handling cases like yours and will work diligently to help you navigate the challenges of your first DUI offense in Pittsburgh, striving to avoid severe consequences.