Far too many charged with DUI believe that the retaining of an attorney is unnecessary. This mistaken belief has caused many to incur convictions and consequences that could have been reduced or even avoided. DUI is a very serious offense in Pennsylvania. The consequences of a DUI conviction can have a lasting negative impact on one’s ability to legally operate a vehicle, one’s employment and financial well being, one’s insurance premiums and most importantly one’s liberty.
If you have been charged with DUI it is imperative that you contact an attorney immediately to discuss the facts surrounding your charge and the available defenses. The Pittsburgh Law Office of Casey P. Mullen will take the necessary time to thoroughly review your case and evaluate the best course of action for you to take. Contact us to schedule a free consultation and allow us the opportunity to provide you will an aggressive defense to the charge you are facing.
The most frequently used, and successful, defenses to the criminal charge of DUI include:
- Legality of the DUI checkpoint
- Legality of the vehicular stop
- Whether the one charged had physical control of the vehicle
- The validity and admissibility of blood, breath or other tests administered
- The appropriate use of prior DUI or other criminal convictions of the accused
The penalties for DUI in Pennsylvania are punitive in nature and progressively worsen with each subsequent DUI conviction. Below please find a compilation of the penalties imposed under the law for DUI. The consequences delineated below can often be mitigated by an aggressive criminal defense attorney, resulting in a sentence that is not as harsh as stated below and often does not require jail time.
First Time DUI
- BAC .08 -.099
- Ungraded Misdemeanor
- Up to 6 months probation
- $300 fine
- Alcohol highway safety school
- Treatment when ordered
* Eligible for ARD
- BAC .10 – .159
- Ungraded Misdemeanor
- 2 days to 6 months Jail
- $500 to $5,000 fine
- 12 month license suspension
- Alcohol highway safety school
- Treatment when ordered
* Eligible for ARD - Ungraded Misdemeanor
- 3 days to 6 months Jail
- $1,000 to $5,000 fine
- 12 month license suspension
- Alcohol highway safety school
- Treatment when ordered
* Eligible for ARD - BAC .16 +
Second Time DUI
- BAC .08 -.099
- Ungraded Misdemeanor
- 5 days to 6 months jail
- $300 to $2,500 fine
- Alcohol highway safety school
- Treatment when ordered
- 12 month license suspension
- 1 year ignition interlock
*May be eligible for ARD
- BAC .10 – .159
- Ungraded Misdemeanor
- 30 days to 6 months Jail
- $750 to $5,000 fine
- Alcohol highway safety school
- Treatment when ordered
- 12 month license suspension
- 1 year ignition interlock
- 1st degree Misdemeanor
- 90 days to 5 years Jail
- $1,500 to $10,00 fine
- Alcohol highway safety school
- Treatment when ordered
- 18 month license suspension
- 1 year ignition interlock
- BAC .16 +
Third Time + DUI
- BAC .08 -.099
- 2nd degree Misdemeanor
- 10 days to 2 years Jail
- $500 to $5,000 fine
- Treatment when ordered
- 12 month license suspension
- 1 year ignition interlock
- BAC .10 – .159
- 1st degree Misdemeanor
- 90 days to 5 years Jail (*4th DUI at this BAC is 1 – 5 years prison)
- $1,500 to $10,000 fine
- Treatment when ordered
- 18 month license suspension
- 1 year ignition interlock
- 1st degree Misdemeanor
- 1 to 5 years prison
- $2,500 to $10,000
- Treatment when ordered
- 18 month license suspension
- 1 year ignition interlock
- BAC .16 +
* ARD – See the ARD Tab
As illustrated above, one charged with DUI in Pennsylvania faces significant and serious consequences that could have lasting personal, financial and professional ramifications. Contact Pittsburgh Attorney Casey P. Mullen immediately after any DUI charge so he can evaluate your case and aggressively fight for the best possible outcome. Attorney Mullen will provide you with a free consultation to discuss your case and your available options.