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Pennsylvania DUI Attorney Serving Berks County and Montgomery County.
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Berks and Montgomery County PA DUI Lawyer
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Understanding Pennsylvania DUI Penalties
DUI convictions come with penalties that range in severity based primarily on the driver's blood alcohol concentration (BAC) whether he or she was convicted of a DUI(s) in the past 10 years. |
Pennsylvania Statutory Decription of DUI Penalties
Maximums
Ungraded Misdemeanor: Max jail time= 6 months. Max
fine= $5,0000.
Misdemeanor Second Degree (M2): Max jail time= 2 years. Max fine= $5,000.
Misdemeanor First Degree (M1): Max jail time= 5 years. Max fine= $10,000
Variations in DUI Penalties
FIRST OFFENSE DUI (within the past 10 years)
BAC between .08% and .099% or incapable of safe driving
- Offense
is graded as an ungraded misdemeanor
- There
is no mandatory minimum jail sentence
- Maximum
probationary period of 6 months
- $300
fine
- No
license suspension
- Mandatory
attendance at Alcohol Highway Safety School
- Mandatory
CRN evaluation
- Required
to comply with any recommended drug and alcohol treatment
- Offense
is graded as an ungraded misdemeanor
- There
is a mandatory sentence of 48 consecutive hours of incarceration
- Maximum
probationary period of 6 months.
- $500
to $5000 fine
- Mandatory
12 month license suspension
- Mandatory
attendance at Alcohol Highway Safety School
- Mandatory
CRN evaluation
- Required
to comply with any recommended drug and alcohol treatment
BAC .16% and higher/Controlled Substances/Refusals.
- Offense
is graded as an ungraded misdemeanor
- There
is a mandatory sentence of 72 consecutive hours of incarceration
- Maximum
probationary period of 6 months.
- $1000
to $5000 fine
- Mandatory
12 month license suspension.
- Mandatory
attendance at Alcohol Highway Safety School
- Mandatory
CRN evaluation
- Required
to comply with any recommended drug and alcohol treatment
SECOND OFFENSE DUI (within the past 10 years)
BAC between .08% and .099% or incapable of safe driving.
- Offense
is graded as an ungraded misdemeanor
- Mandatory
sentence of 5 days incarceration
- Maximum
probationary period of 6 months
- $300
to $5000 fine
- Mandatory
12 month license suspension followed by 1 year Ignition Interlock
- Mandatory
attendance at Alcohol Highway Safety School
- Mandatory
CRN evaluation
- Required
to submit to a mandatory drug and alcohol assessment and to comply with any
recommended drug and alcohol treatment.
- Offense
is graded as an ungraded misdemeanor
- Mandatory
sentence of 30 days of incarceration
- Maximum
probationary period of 6 months
- $750
to $5000 fine
- Mandatory
12 month license suspension followed by 1 year Ignition Interlock
- Mandatory
attendance at Alcohol Highway Safety School
- Mandatory
CRN evaluation
- Required
to submit to a mandatory drug and alcohol assessment and to comply with any
recommended drug and alcohol treatment
- Offense
graded as a misdemeanor of the first degree
- Mandatory
sentence of 90 days incarceration
- Maximum
probationary period of 5 years
- $1500
fine
- Mandatory
18 month license suspension followed by 1 year Ignition Interlock
- Mandatory
attendance at Alcohol Highway Safety School
- Mandatory
CRN evaluation
- Required
to submit to a mandatory drug and alcohol assessment and to comply with any
recommended drug and alcohol treatment.
BAC between .08% and .099% or incapable of safe driving.
- Offense
graded as a misdemeanor of the second degree
- Mandatory
sentence of 10 days incarceration
- Maximum
probationary period of 2 years
- $500
to $5000 fine
- Mandatory
12 month license suspension followed by 1 year Ignition Interlock
- Mandatory
attendance at Alcohol Highway Safety School
- Mandatory
CRN evaluation
- Required
to submit to a mandatory drug and alcohol assessment and to comply with any
recommended drug and alcohol treatment
BAC between .10% and .159%.
- Offense
is graded as a misdemeanor of the first degree
- Mandatory
sentence of 90 days incarceration
- Maximum
probationary period of 5 years
- $1500
to $10000 fine
- Mandatory
18 month license suspension followed by 1 year Ignition Interlock
- Mandatory
attendance at Alcohol Highway Safety School
- Mandatory
CRN evaluation
- Required
to submit to a mandatory drug and alcohol assessment and to comply with any
recommended drug and alcohol treatment.
- Offense
is graded as a misdemeanor of the first degree
- Mandatory
sentence of 1 year incarceration
- Maximum
probationary period of 5 years
- $1000
to $5000 fine
- Mandatory
18 month license suspension followed by 1 year Ignition Interlock
- Mandatory
attendance at Alcohol Highway Safety School
- Mandatory
CRN evaluation
- Required
to submit to a mandatory drug and alcohol assessment and to comply with any
recommended drug and alcohol treatment
BAC between .08% and .099% or incapable of safe driving.
- Same
as third offense.
- Offense
is graded as a misdemeanor of the first degree
- Mandatory
sentence of 1 year incarceration
- Maximum
probationary period of 5 years
- $1500
to $10,000 fine
- Mandatory
18 month license suspension followed by 1 year Ignition Interlock
- Mandatory
attendance at Alcohol Highway Safety School
- Mandatory
CRN evaluation
- Required
to submit to a mandatory drug and alcohol assessment and to comply with any
recommended drug and alcohol treatment
BAC .16% and above/Controlled Substances/Refusals.
- Same
as Third Offense.
For sentencing purposes, the following offenses shall be treated as a Tier 2 DUI (BAC between .10 to .159):
- Minors BAC 0.02% or higher.
- Commercial or School Vehicles
- DUI Incapable of Safe Driving w/Crash or Injuries
Contact me today for a free case evaluation. Dial 610-451-6823 or fill out the online contact form now.