Pennsylvania Sentencing - Neff Sedacca Law Offices

DUI Sentencing

Under Pennsylvania law, penalties for DUI offenses are based largely on a person’s blood alcohol content (“BAC”) at the time of the offense. The penalties are based on a three-tier system — the lowest tier is for those with a BAC of .08 to .099 percent, the middle tier is for those with a BAC of .10 to .159 percent, and the highest tier is for those with a BAC .16 percent and above.

General Impairment penalties (Undetermined BAC, .08 to .099% BAC)

No prior DUI offenses	ungraded misdemeanor up to 6 months probation $300 fine alcohol highway safety school treatment when ordered
1 prior DUI offense	ungraded misdemeanor 12 month license suspension 5 days to 6 months jail time $300 to $2,500 fine alcohol highway safety school treatment when ordered 1 year ignition interlock
2 or more prior DUI offenses	2nd degree misdemeanor 12 month license suspension 10 days to 2 years prison $500 to $5,000 fine treatment when ordered 1 year ignition interlock

The new law creates a higher set of penalties for those having higher BAC levels. It allows for treament at all levels, and requires alcohol highway safety school for all first and second time offenders.

High BAC penalties (.10 to .159% BAC)

No prior DUI offenses	ungraded misdemeanor 12 month license suspension 48 hours to 6 months prison $500 to $5,000 fine alcohol highway safety school treatment when ordered
1 prior DUI offense	ungraded misdemeanor 12 month suspension 30 days to 6 months prison $750 to $5,000 fine alcohol highway safety school treatment when ordered 1 year ignition interlock
2 or more prior DUI offenses	1st degree misdemeanor 18 month license suspension 90 days to 5 years prison $1,500 to $10,000 fine treatment when ordered 1 year ignition interlock
3 or more prior DUI offenses	1st degree misdemeanor 18 month license suspension 1 to 5 years prison $1,500 to $10,000 fine treatment when ordered 1 year ignition interlock

For those at the highest BAC levels, the new law has strict penalties, but also allows for treatment. This even-handed approach allows for individuals to receive counseling for their alcohol problem, while still penalizing those who choose to continue the dangerous practice of drinking and driving.

In addition, drivers under the influence of controlled substances and those who refuse breath or chemical testing are subject to the highest BAC category penalties.

Highest BAC penalties (.16% and higher) or Controlled Substance

No prior DUI offenses	ungraded misdemeanor 12 month license suspension 72 hours to 6 months prison $1,000 to $5,000 fine alcohol highway safety school treatment when ordered
1 prior DUI offense	1st degree misdemeanor 18 month license suspension 90 days to 5 years prison $1,500 to $10,00 fine alcohol highway safety school treatment when ordered 1 year ignition interlock
2 or more prior DUI offenses	1st degree misdemeanor 18 month license suspension 1 to 5 years prison $2,500 to $10,000 treatment when ordered 1 year ignition interlock

Source: PennDOT Driver & Vehicle Services https://www.dmv.pa.gov/Information-Centers/Laws-Regulations/Pages/DUI-Legislation.aspx

Confidential Consultation

If you believe that you are under investigation, have been subpoenaed before a grand jury or arrested and charged with a crime, contact Neff & Sedacca, PC for a confidential consultation by phone at (215) 563-9800 or email at info@NeffSedacca.com.