DUI DEFENSE

First DUI Offense in Pennsylvania

The consequences of a DUI will vary depending on several factors. It's very important to know where you fall on that spectrum after you've been charged with a DUI. Having an experienced attorney like Edward Nicholson on your side is the best way to ensure you walk away from your charge with best possible outcome.

 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 offense 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 offense, you are going to be facing some serious penalties. Not only are you looking at jail time, fines, and drug and alcohol treatment, you will be up against lengthy license suspension periods and possibly require the installation of 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 in the range 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

When you’re charged with your first DUI in Pennsylvania, you may be presented with an alternative to the normal criminal court cases. The Accelerated Rehabilitation Disposition Program (ARD) is given mostly to first time offenders who, aside from the initial infraction, have been law abiding citizens up until then. Having an experienced attorney like Edward Nicholson on your side will give you the best chance of being eligible for ARD.

Are you eligible?

 

A DUI offense is eligible for ARD under the following circumstances:
• It is a first offense within ten years.​

• No one was killed.

• No person, other than the offender, was seriously injured.
• There was no passenger in the offender’s vehicle under the age of 14 at the time of the offense.

Mandatory License Suspension for ARD is as follows:

 

• No suspension if BAC (Blood Alcohol Concentration) is under .10% and offender is not a minor.
• A suspension of 30 days if BAC .10% to less than .16%.
• A suspension of 60 days if BAC .16% or greater, BAC unknown, DUI involving 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 indicated.
• Restitution to any person who suffered a financial loss.
• Payment of any other fee, surcharge or cost required by law including fees for AHSS, evaluation and treatment.
• Any other condition established by the Court.
• Alcohol Highway Safety School
• Probation supervision of a minimum of 6 months up to a maximum of 12 months.
• Full D&A Assessment, if BAC .16 or greater or if CRN Profile report indicates the need for further evaluation for D&A counseling or treatment.

In the state of Pennsylvania, if you’re pulled over and suspected to be under the influence, authorities will then require you to take a chemical breath, blood or urine test. If your decide to refuse the test, you can end up facing even harsher punishments for the crime. Refusing to take a chemical BAC test will automatically result in a 1 year mandatory license suspension.
 

If you do in fact refuse the testing, if it crucial that you have an experienced DUI attorney on your side. Edward Nicholson is very knowledgeable about the process and will make every effort to avoid severe consequences.