Is a DUI a Felony or Misdemeanor in Pennsylvania?

Many times, people do not realize the amount of alcohol they are consuming. Whether an individual drinks a small glass of wine, a bottle of beer or drinks a shot, each of these constitute as one drink; however, how many drinks can an individual have before becoming impaired?

Once an individual’s Blood Alcohol Content (BAC) reaches .08, he or she is considered legally intoxicated. The Pennsylvania DUI Association Website offers an easy to use Blood Alcohol Calculator. This calculator is designed to assist individuals in determining the number of alcoholic drinks it takes a person of a specific weight and gender to become impaired.

Three-Tiered System In Pennsylvania

In Pennsylvania, a DUI is not a felony. In 2003, The Commonwealth of Pennsylvania implemented a three-tiered system approach to its DUI statutes (Act 24). This method is designed to change the focus for individuals convicted of first-offense DUI from sanctions to treatment. The court takes the BAC level at the time of arrest, as well as any prior offenses into account when imposing penalties and licensing requirements.

Three Levels Of DUI

• First Tier – BAC .08 – .099 percent is considered general impairment.
• Second Tier – BAC .10 – .159 percent is considered a high impairment.
• Third Tier – BAC .16 percent and higher is the highest impairment possible.

Additionally, the law provides more severe consequences for minors who are convicted of DUI. Higher penalties also apply to bus drivers, commercial drivers and individuals who drive official school vehicles, as well as offenders who have a collision causing property damage or injuries while under the influence of alcohol. In circumstances such as these, severe penalties are imposed even when an offender’s blood alcohol content is not within the higher category: furthermore, a driver who refuses a chemical or breathalyzer test may receive more severe penalties.

First Tier DUI

Possible penalties for individuals with no previous driving under the influence offenses:

• A fine of $300, up to 6 months’ probation, an upgraded misdemeanor, substance abuse treatment and mandatory alcohol highway safety school.

An individual who already has one DUI conviction should expect:

• A fine of $300 to $2,500, jail term 5 days to 6 months, suspension of driving privileges for 1 year, ignition interlock for 1 year, an upgraded misdemeanor, substance abuse treatment and mandatory alcohol highway safety school.

An individual who has more than one prior DUI offense can expect more severe penalties, these penalties may include:

• A fine of $500 to $5,000, jail term 10 days to 2 years, suspension of driving privileges for 1 year, ignition interlock for 1 year, a second-degree misdemeanor and substance abuse treatment.

Second Tier DUI

Possible penalties for convicted offenders who have no prior DUI offenses:

• A fine of $500 to $5,000, jail term 2 days to 6 months, suspension of driving privileges for 1 year, ignition interlock for 1 year, an upgraded misdemeanor, substance abuse treatment and mandatory alcohol highway safety school.

Possible penalties for convicted offenders who have one prior DUI offense:

• A fine of $750 to $5,000, jail term 1 month to 6 months, suspension of driving privileges for 1 year, ignition interlock for 1 year, an upgraded misdemeanor and mandatory alcohol highway safety school.

Possible penalties for convicted offenders who have more than one prior DUI offense:

• A fine of $1,500 to $10,000, jail term 3 months to 5 years, suspension of driving privileges for 18 months, ignition interlock for 1 year, a first-degree misdemeanor and substance abuse treatment.

Offenders with three or more DUI offenses face the following penalties:

• A fine of $1,500 to $10,000, prison term 1 year to 5 years, suspension of driving privileges for 18 months, ignition interlock for 1 year, a first-degree misdemeanor and substance abuse treatment.

Third Tier DUI

Offenders without a prior DUI offense face the following penalties:

• A fine of $1,000 to $5,000, prison term 3 days to 6 months, suspension of driving privileges for 1 year, ignition interlock for 1 year, substance abuse treatment, an upgraded misdemeanor and mandatory alcohol highway safety school.

An offender who has a prior DUI conviction under the third tier is penalized by:

• A fine of $1,500 to $10,000, prison term 3 months to 5 years, suspension of driving privileges for 18 months, ignition interlock for 1 year, a first-degree misdemeanor, substance abuse treatment and mandatory alcohol highway safety school.

An offender who has more than one prior DUI conviction under the third tier is penalized by:

• A fine of $2,500 to $10,000, prison term 1 year to 5 years, suspension of driving privileges for 18 months, ignition interlock for 1 year, a first-degree misdemeanor, substance abuse treatment and mandatory alcohol highway safety school.

At DeLuca, Ricciuti & Konieczka, all of our DUI defense attorneys are formerly held positions as assistant district attorneys; therefore, we understand both sides of every case. Our trial experience and knowledge of the tactics the government uses helps us defend our clients. If you need representation for a DUI charge, please contact our office today for a free consultation of your legal options.