DUI Over .16 BAC Level in Pennsylvania

Blood Alcohol Content (BAC) Levels Over .16 in PA

A DUI in Pennsylvania can bring about extremely harsh penalties, but this is especially true if you were charged with a BAC level of over .16. Recent changes to Pennsylvania’s DUI Laws now make it a felony to have three or more DUI convictions within a ten year period.

A first time DUI in PA with a BAC level over .16 could mean spending up to six months in jail, paying a $5,000 fine and having your driver’s license suspension revoked for 12 months, upon conviction. This could be a huge problem and have a devastating impact on your job and your future.

While being arrested for a DUI is a frightening situation to be in, all DUIs are possible to fight and win in court. There are many possible defenses to winning a DUI case.

Even if the evidence is working against you, an experienced DUI lawyer can try and have your charges and sentence reduced. It is important that you speak with an experienced Pittsburgh DUI lawyer immediately if you were arrested for DUI with a BAC level over .16.

Attorney Justin J. Ketchel provides free consultations and can explain your rights and next steps for protecting your rights.

Our number one goal: Getting your DUI charges reduced or dismissed.

Call Ketchel Law today: 412-456-1221 for a free consultation.

PENNSYLVANIA DUI LAWS—BAC LEVELS

There are three levels, or tiers of BAC levels when it comes to sentencing a person for DUI—lowest, mid-level and highest. Pennsylvania considers a driver impaired at a .08 BAC level (.02 for CDL license holders). A BAC level over .16 is the highest level.

The high impairment tier means that you face the following penalties for a first time DUI:

  • First DUI Conviction—BAC Over .16:
    • A misdemeanor on your criminal record;
    • From 72 consecutive hours to up six months in jail;
    • $1,000 to $5,000 fine;
    • 12 month license suspension;
    • Attend Alcohol Highway Safety School;
    • Mandatory full D&A assessment and compliance with D&A treatment as condition of sentencing.

Other penalties may include significantly higher insurance premiums or an inability to obtain insurance. If convicted, you will also have a criminal record, making it difficult for you to obtain employment, get loans, apply for college and find housing.

In addition, if someone was injured or killed, you could receive much higher penalties. Injured plaintiffs could also sue you in civil court.

  • Second DUI Offense—BAC Over .16:
    • Convicted of a first-degree misdemeanor;
    • 90 days minimum imprisonment / up to five years in prison;
    • $1,500 minimum fine / fines up to $10,000;
    • 18 month license suspension;
    • Attend Alcohol Highway Safety School;
    • Mandatory one year Ignition Interlock;
    • Mandatory full D&A assessment and compliance with D&A treatment as condition of sentencing.
  • Third DUI Offense—BAC Over .16:
    • A felony conviction;
    • One to seven years in prison;
    • $2,500—$15,000 in fines;
    • 18 month license suspension;
    • Mandatory one year Ignition Interlock;
    • Mandatory full D&A assessment and compliance with D&A treatment as condition of sentencing.

Under the new law, a person found guilty of a third DUI charge within 10 years and with a BAC level of .16% or higher or under the influence of a controlled substance, is subject to 1-7 years in jail and a $2,500—$15,000 fine.

To see a complete list, see the chart of the Pennsylvania Commission on Sentencing Penalties for DUI.

Our number one goal: Having your criminal charges reduced or dismissed.

Call Ketchel Law today: 412-456-1221 for a free consultation.

How a Pennsylvania DUI Lawyer Can Help

Having an experienced and successful PA DUI attorney on your side to argue in your defense could help in being able to have your sentence reduced or the charges dropped altogether.

Just because you have been arrested for DUI does not mean that you will also be convicted.

If a knowledgeable attorney is fighting for you, there is a much greater possibility for minimizing your sentence or having your charges dropped.

A DUI attorney is going to be able to negotiate with prosecutors and argue your case before the judge during your hearing. An aggressive and meticulous attorney will gather all evidence and facts about your case, presenting your history to make the best possible defense.

Under some circumstances, it is possible that the arresting officer did not have reasonable suspicion to stop your vehicle or probable cause to justify your arrest, and our attorneys can work to suppress the evidence and gain a dismissal of the DUI charge.

An arrest is not a conviction. Don’t give up without considering all possibilities.

Our number one goal: Getting your DUI charges reduced or dismissed.

Call Ketchel Law today: 412-456-1221 for a free consultation.

FREE LEGAL CONSULTATION

At Ketchel Law, we offer free legal consultations to people charged with DUI. Call us today to find out how we can help defend your DUI.

Learn More About DUI Laws in Pennsylvania: