At Pressman & Doyle, we represent individuals charged with driving under the influence (DUI) of alcohol or drugs or driving after imbibing (DAI). Our attorneys, who include a former prosecutor in the Delaware County District Attorney’s office, understand how serious a DUI charge can be. It can lead to the suspension or revocation of driving privileges, time in jail, and can impact our clients’ jobs or prevent them from being able to work. As a result, we investigate each client’s case, and develop a strategy designed to present the best defense possible to the charges.

Pennsylvania DUI Law

Under the Pennsylvania Motor Vehicle Code, Title 75, a person whose blood alcohol concentration (BAC) level is .08% or higher is considered to be driving under the influence. The punishment for a DUI conviction varies based upon how high a person’s BAC level is and whether it is a first, second, third or fourth offense or conviction. In addition, if a person arrested for DUI has any measurable amount of specified drugs in his or her system, the person will be punished as if they were at the highest alcohol levels.

Minors, commercial drivers, school vehicle or bus drivers, and others offenders involved in an accident that injures someone or causes property damage may be subject to the high BAC penalties even if their BAC is not in the high category. Offenders who refuse breath or chemical testing may also be subject to the highest BAC penalties. The law also allows for treatment at all levels, and requires alcohol highway safety school for all first and second time offenders.

The following charts, prepared by the Pennsylvania State Police, list the penalties for each BAC category:

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

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

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

The Pennsylvania DUI law is complicated, and persons charged with driving under the influence should hire an attorney who understands the law and how it affects each individual client. At Pressman & Doyle, we have represented individuals charged with DUI for many years, and are here to assist you with these charges. If you have a drunk driving/DUI case, please give us a call at (610) 532-4222 or send us an e-mail and let you us work with you to obtain the best results possible.