Berks County DUI Attorney

Arrested for Drunk Driving? Let Us Fight for Your Rights.

In the state of Pennsylvania, the penalties for drinking and driving can be severe. If you are suspected of operating a motor vehicle while impaired, then a police officer may ask you to perform one or more field sobriety tests. It is important to know that it is your legal right to refuse these tests without fear of being penalized for doing so. These tests are used to gather evidence to warrant an arrest and, therefore, should not be consented to without an attorney's advice. If you are arrested for impaired driving, then you will be taken to have a chemical test done to determine your blood alcohol content (BAC).

A chemical test such as a blood or breath test is required in the state of Pennsylvania under the implied consent law. It is vital to understand that you can refuse the test, but you will face driver's license suspension for one year for a first refusal. A second and third refusal will result in 18 months' license suspension. If your BAC is found to be at or above the legal limit of 0.08%, then you will be charged with the crime of DUI. If you are convicted of a first offense, then you could face jail time, combined with high fines and possible ignition interlock device installation. Team up with the best DUI attorney in Reading to help avoid the serious penalties at stake.

DUI Penalties in Pennsylvania

The state of Pennsylvania administers penalties that depend on your prior offenses and BAC level. The state categorizes BAC levels as general impairment, high BAC, and highest BAC. However, your consequences may be harsher if aggravating factors exist in your case. Examples of aggravating factors in a DUI case include driving with a suspended or revoked license, driving with a child in the car, and committing multiple offenses within a certain period of time.

If aggravating circumstances do not exist in your case, then you may be subject to the following DUI penalties:

General Impairment Penalties (.08% to .099% BAC)

First offense:

• Ungraded misdemeanor charge
• Up to 6 months of probation
• $300 fines
• Mandatory alcohol highway safety school
• If applicable, mandatory treatment

Second offense:

• Ungraded misdemeanor charge
• 12-month license suspension
• 5 days to 6 months in jail
• $300 to $2,500 fine
• Mandatory alcohol highway safety school
• If applicable, mandatory treatment
• 1-year ignition interlock device installation

Third offense:

• Second-degree misdemeanor charge
• 12-month license suspension
• 10 days to 2 years in prison
• $500 to $5,000 fine
• If applicable, mandatory treatment
• 1-year ignition interlock device installation

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

First offense:

• Ungraded misdemeanor charge
• 12-month license suspension
• 48 hours to 6 months in prison
• $500 to $5,000 fine

• Mandatory alcohol highway safety school
• If applicable, mandatory treatment

Second offense:

• Ungraded misdemeanor charge
• 12-month license suspension
• 30 days to 6 months in prison
• $750 to $5,000 fine
• Mandatory alcohol highway safety school
• If applicable, mandatory treatment
• 1-year ignition interlock device installation

Third offense:

• First-degree misdemeanor charge
• 18-month license suspension
• 90 days to 5 years in prison
• $1,500 to $10,000 fine
• If applicable, mandatory treatment
• 1-year ignition interlock device installation

Highest BAC (.16% BAC and Higher) or Controlled Substance Penalties

First offense:

• Ungraded misdemeanor charge
• 12-month license suspension
• 72 hours to 6 months in prison
• $1,000 to $5,000 fine
• Mandatory alcohol highway safety school
• If applicable, mandatory treatment

Second offense:

• First-degree misdemeanor
• 18-month license suspension
• 90 days to 5 years in prison
• $1,500 to $10,000 fine
• Mandatory alcohol highway safety school
• If applicable, mandatory treatment
• 1-year ignition interlock device installation

Third offense:

• First-degree misdemeanor
• 18-month license suspension
• 1 to 5 years in prison
• $2,500 to $10,000 fines
• If applicable, mandatory treatment
• 1-year ignition interlock device installation

Let a Berks County DUI Lawyer Work for You

I am Curtis E. Barnes, Attorney at Law and I understand the various difficulties associated with this kind of criminal charge. When you choose to work with me, I will put my many years of experience to work for you and I will work to help you pursue the results that you need.

Resources

• Pennsylvania DUI Laws, Fines & Penalties
• Pennsylvania DUI Courts