DUI defense lawyer
The Pennsylvania criminal justice system treats DUI offenses as serious matters. This is because of the high number of alcohol-related accidents, injuries, and deaths that happen each year. If you are charged with a DUI in Chester County, you could face severe penalties upon a conviction. The penalties will depend on your BAC level, prior record, and any aggravating factors that might have been present at the time of your arrest. The penalties that you might face should prompt you to retain a DUI lawyer in Chester County. DiCindio Law is experienced in handling DUI cases and can defend against the allegations against you.
DUI penalties in Chester County, Pennsylvania
Pennsylvania established three tiers for DUI offenses in 2004 under 75 Pa.C.S. § 3802. These tiers are based on different threshold BAC levels, and the penalties become more severe with higher BACs. In addition to these levels, you will face higher penalties if you have one or more prior DUI convictions within the past 10 years.
Penalties for general impairment DUIs
You can be charged with a general impairment DUI if your BAC results are 0.08% to 0.0995 within two hours of your arrest. You can also be charged with a general impairment DUI if you have a BAC that is lower than 0.08% if the amount of alcohol in your system makes you incapable of safely driving.
If you are convicted of a first general impairment offense, the judge can sentence you to six months of probation, order you to pay a fine ranging from $300 to $2,500, and order you to attend an alcohol highway safety program. The judge can also order you to undergo a substance abuse assessment and attend treatment.
If you have one prior DUI within the past 10 years, a general impairment conviction will result in higher penalties. The judge can sentence you to serve from five days to six months in jail, pay a fine from $300 to $2,500, and order you to install an ignition interlock device in your vehicle. You can also be ordered to attend an alcohol highway safety program and might be ordered to attend treatment. Your license can be suspended for 12 months.
A third conviction of a general impairment DUI within 10 years can result in harsher penalties. You will face prison from 10 days to two years, treatment, a fine ranging from $500 up to $5,000, 12-month installation of an ignition interlock device, and a loss of your driving privileges for 12 months.
A fourth general impairment conviction within 10 years is a third-degree felony. The judge can sentence you to one to seven years of incarceration, order you to pay a fine of up to $15,000, suspend your license for 18 months, order treatment, and order you to install an ignition interlock device in your vehicle for a minimum of one year.
Penalties for a high BAC DUI
If you are charged with a high BAC DUI as a first offense, you can face the following penalties if convicted:
- 48 hours up to six months in jail
- 12-month driver’s license suspension
- $500 to $5,000 fine
- Alcohol highway safety program
- Substance abuse assessment and treatment if ordered
If you are convicted of a high BAC and have one prior conviction within the last 10 years, your license will be suspended for 12 months. You can be sentenced to serve anywhere from 30 days to six months in jail and be fined from $750 to $5,000. The judge can also sentence you to attend treatment and an alcohol highway safety program. Finally, you will be ordered to install an ignition interlock device in your car for 12 months at your expense.
A third conviction of a high BAC DUI within 10 years will result in a first-degree misdemeanor carrying a sentence of a minimum of 90 days up to five years in prison. You will also be ordered to pay a fine ranging from $1,500 to $10,000. You will have to install an ignition interlock device in your car for 12 months, may be ordered to attend treatment, and have your license suspended for 18 months.
Finally, a fourth high BAC conviction within 10 years is a third-degree felony for which you can face a sentence of 12 months up to seven years in prison, an 18-month suspension of your license, a fine from $1,500 to $15,000, alcohol treatment, and a 12-month installation of an ignition interlock device.
Penalties for the highest BAC DUI
The highest BAC DUI carries the most severe penalties. You can be charged with this offense if your BAC is at least 0.16%, you refuse to test, or you have any amount of drugs in your system.
A first highest BAC DUI conviction can result in a 12-month suspension of your license and a jail sentence ranging from 72 hours to six months. You will also receive a fine from $1,000 to $5,000, and the judge can order you to attend alcohol treatment and an alcohol highway safety program.
If you have one previous DUI conviction, a second highest BAC DUI conviction can lead to a one-year driver’s license suspension and a jail sentence of 90 days to five years. You will also be ordered to pay a fine ranging from $1,500 to $10,000 and might be required to attend treatment. You will also have to install an ignition interlock device in your car for 12 months.
A third DUI conviction within 10 years for the highest BAC DUI tier is a third-degree felony carrying a prison sentence ranging from a minimum of one to a maximum of seven years. Your license will be suspended for 18 months, and you can be fined from a minimum of $2,500 to $15,000. The judge might also order you to attend treatment, and you will have to install an ignition interlock device in your car.
Get help from a criminal defense attorney Chester County PA
Being charged with a DUI in Chester County is serious. If you are currently facing these types of charges, you should retain an experienced Chester County PA DUI lawyer as soon as possible. Contact DiCindio Law today to learn more about your rights and options by calling us at 610-430-3535.
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