New Pennsylvania DUI Law
New DUI Law Raises Legal Questions
Pennsylvania has taken the position that a person’s Blood Alcohol Level (BAC) and number of the particular offense will dictate what punishment they will receive.
As of February 2, 2004 there are 3 categories a person will fall into based on the level of the alcohol in their system. There is .08-.099, .10 - .159, and .16 and higher included in this category are refusal to submit to a test. All of the categories require a Court Reporting Network (CRN) evaluation; the first and second offenders require Alcohol Highway Safety School. (AHSS). The first offense with a BAC .16 or higher and all subsequent offenses require a mandatory Drug and Alcohol (D&A) assessment and treatment. All second and subsequent offense requires the installation of an Ignition Interlock System.
FIRST OFFENSE
(NO PRIOR PA DUI OFFENSES WITHIN THE LAST 10 YEARS)
BAC is .08 to .099. This is an ungraded misdemeanor with a 6 month maximum probation and a $300.00 fine. Required CRN, AHSS and possible D&A. There is no loss of license and no jail time with this particular category.
BAC is .10 to .159. This is an ungraded misdemeanor with a mandatory 48 hour imprisonment up to a possible 6 months and a $500.00 to $5,000.00 fine. Required CRN, AHSS and possible D&A. The license suspension is 12 months. However there is a possibility to get an Occupational Limited License (OLL) after serving a hard 2 month suspension.
BAC is .16 or higher or refusal to give a blood or breath sample. This is ungraded misdemeanor with a mandatory 72 hour imprisonment up to a possible 6 months and a $1,000.00 to $5,000.00 fine. Required CRN, AHSS and mandatory full D&A. The license suspension is 12 months. Also possibility for OLL after serving hard 2 months suspension.
SECOND OFFENSES
BAC is .08 to .099. This is an ungraded misdemeanor with a mandatory 5 days imprisonment 6 month maximum jail sentence and a $300.00 to $2,500.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.
BAC is .10 to .159. This is ungraded misdemeanor with a mandatory 30 days imprisonment 6 month maximum jail sentence and a $750.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.
BAC is .16 or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 90 days imprisonment 5 year maximum jail sentence and a $ 1,500.00 to $10,000.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.
THIRD OFFENSES
BAC is .08 to .099. This is graded as misdemeanor of the Second Degree with a mandatory 10 days imprisonment 2 year maximum jail sentence and a $500.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, D&A and Ignition Interlock for 12 months.
BAC is .10 to .159. This is graded as a misdemeanor of the First Degree with a mandatory 90 days imprisonment 5 year maximum jail sentence and a $1,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.
BAC is .16 or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $ 2,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.
FOURTH PA DUI OFFENSE
BAC is .08 to .099. This is graded as misdemeanor of the Second Degree with a mandatory 10 days imprisonment 2 year maximum jail sentence and a $500.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, D&A and Ignition Interlock for 12 months.
BAC is .10 to .159. This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $1,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.
BAC is .16 or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $ 2,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.
Serving the Boroughs and Townships of Bucks County:
Bedminster, Bensalem, Bridgeton, Bristol, Buckingham, Chalfont, Doylestown, Dublin, Durham, East Rockhill,Falls, Haycock,Hilltown, Hulmeville, Ivyland, Langhorne,Langhorne Manor, Lower Makefield, Lower Southampton, Middletown,Milford, Morrisville, New Britain, New Hope, Newtown, Nockamixon, Northampton, Penndel, Perkasie, Plumstead Township Quakertown, Richland, Richlandtown, Riegelsville, Sellersville, Silverdale, Solebury, Springfield,Telford, Tinicum,Trumbauersville, Tullytown, Upper Makefield, Upper Southampton, Warminster, Warrington, Warwick, West Rockhill, Wrightstown, Yardley |
PA DUI -Bucks, Montgomery, Northampton, Lehigh County
Margiotti & Mittman, Attorneys at Law
593 Bethlehem Pike
Montgomeryville, PA 18936-9709, US
E-mail:margiottilaw@verizon.net
For a free, no-obligation consultation call, 215-822-1888
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