10/16/2024 | Criminal Defense, DUI, Pennsylvania Laws, Your Rights and the Law

Can You Go to Jail for a First DUI Charge in Pennsylvania?

If you were charged with DUI in PA for the first time, you may be wondering about the possible penalties if you are convicted.

Attorney Justin Ketchel explains your rights…

Driving under the influence (DUI) is taken very seriously in Pennsylvania, and yes, you can go to jail for it. The severity of the penalties, including jail time, depends on various factors like your Blood Alcohol Content (BAC), whether it’s a first DUI or second DUI, or a repeat DUI offense, whether there were drugs or a controlled substance involved, and if there are aggravating circumstances like accidents, injuries, homicide by vehicle, or refusal to take a chemical test.

Below, you will find specifics on DUI penalties in Pennsylvania and when or if jail time becomes a real possibility for those facing DUI charges.

Pennsylvania DUI Laws: The Basics

In Pennsylvania, DUI offenses are governed by a tiered penalty system based on BAC levels and the number of prior offenses.

Pennsylvania categorizes DUI offenses into tiers as follows:

General Impairment: BAC of 0.08% to 0.099%
High Rate of Alcohol: BAC of 0.10% to 0.159%
Highest Rate of Alcohol: BAC of 0.16% and above, or any DUI involving drugs

Pennsylvania follows an implied consent law, which means that by driving in the state, you’ve implicitly agreed to take a chemical test if law enforcement suspects you of driving under the influence. Refusing to take a blood or chemical test can lead to separate penalties, including license suspension and, potentially, jail time.

Call Ketchel Law at 412-456-4221 for a free legal consultation about your DUI case.

First DUI Offense: Will You Go to Jail?

For first-time offenders, the possibility of jail time largely depends on your BAC level at the time of the arrest. While these are the general sentencing guidelines of the Pennsylvania legal code, there are always exceptions and possible programs, like the ARD program for first DUI offenders, that can significantly reduce penalties and make it possible to expunge your charges.

In addition, these guidelines are for a DUI conviction – before a conviction, there is always a chance to have your charges reduced or even dropped altogether. That is why you should always at least speak with an experienced and knowledgeable DUI Attorney BEFORE any hearings. Call Attorney Ketchel today for a free personal consultation about your case.

1. General Impairment (BAC of 0.08% to 0.099%)

For those with a BAC between 0.08% and 0.099%, the penalties are the least severe, but the possibility of jail time is still present, especially if there are aggravating factors.

Penalties:
- No minimum jail time is required;
- A misdemeanor on your record;
- Six months mandatory minimum probation;
- $300 fine;
- Mandatory alcohol safety school;
- Mandatory court-ordered treatment.

Although jail time isn’t mandated for first-time general impairment offenders, factors such as causing an accident or having minors in the vehicle could lead to more severe penalties, including incarceration.

2. High Rate of Alcohol (BAC of 0.10% to 0.159%)

If your BAC is between 0.10% and 0.159%, the penalties escalate, and the law begins to impose mandatory jail time, even for first offenders.

Penalties for a first DUI at High Tier:
- 48 consecutive hours minimum imprisonment and no more than six months maximum;
- A misdemeanor on your record;
- $500 to $5,000 fine;
- A 12-month license suspension;
- Attend Alcohol Highway Safety School;
- Mandatory Treatment;
- Pending CRN, full assessment, and compliance with D&A treatment as part of sentencing.

At this level, jail time is mandatory. A minimum of 48 hours behind bars is required, although it’s possible to face longer sentences depending on the specific circumstances.

3. Highest Rate of Alcohol (BAC of 0.16% and above) or Drug DUI

This is the most severe category for DUI in Pennsylvania. A first offense with a BAC of 0.16% or higher comes with harsher penalties, including a significant likelihood of jail time.

Penalties for a First DUI at the Highest Tier:
- 72 consecutive hours minimum imprisonment and no more than six months maximum;
- A misdemeanor on your record;
- $1,000 to $5,000 fine;
- A 12-month license suspension;
- Attend Alcohol Highway Safety School;
- Mandatory Treatment;
- Mandatory full D&A assessment and compliance with D&A treatment as a condition of sentencing.

If you were charged with DUI in Western PA, call Ketchel Law at 412-456-1221 for a free consultation.

PENNSYLVANIA DUI LAWYERS: KETCHEL LAW

Call 412-456-1221 for a free consultation

Our #1 goal is to have your charges dismissed and your record clean.

Repeat DUI Offenses Mean Jail Time is More Likely

The penalties for DUI offenses in Pennsylvania become significantly harsher for second or third-time DUI offenders.

For second DUI offenses, the jail time increases significantly. Even with a general impairment DUI, you face a mandatory five days behind bars, while for the highest rate of alcohol, you’re looking at 90 days minimum.

With a third DUI offense, the penalties are even more severe, from a mandatory ten days to two years in jail for a general impairment and up to five years in prison for the highest rate, which is also now considered a felony.

Aggravating Factors that Could Increase Jail Time

Certain circumstances can increase penalties, including additional jail time, even for first-time offenders. Some of the common aggravating factors include:

DUI with a Minor in the Vehicle: If you are caught driving under the influence with a minor in your car, penalties are automatically more severe, including higher fines and longer jail time.
Causing an Accident or Injury: A DUI that results in an accident, especially if someone is injured or killed, will lead to significantly harsher penalties. Vehicular homicide charges can result in several years in prison.
Refusal to Submit to a Chemical Test: Refusing to take a breathalyzer or blood test can lead to enhanced penalties, including longer license suspension and possible jail time.

How Can Ketchel Law Help?

For first-time offenders with a BAC below 0.10%, jail time is unlikely, but it becomes mandatory for those with a BAC above 0.10% or for repeat offenders.

If you’ve been charged with a DUI, it’s important to understand the potential consequences and consult with a knowledgeable DUI attorney like those at Ketchel Law to explore your options for minimizing the penalties.

Our experienced and highly rated Pittsburgh DUI Attorneys will fight for your case to be dismissed or for the charges to be significantly reduced.

If you were charged with DUI in Western Pennsylvania, call Ketchel Law at 412-456-1221 for a free consultation.

PENNSYLVANIA DUI LAWYERS

KETCHEL LAW

Call 412-456-1221 for a free consultation

If you have been charged with a DUI in Pennsylvania, contact Ketchel Law today.

Our number one goal is to have your charges dismissed and your record clean.

Learn more about DUI Laws in Pennsylvania

_____________________

FREE LEGAL CONSULTATION

We offer free legal consultations to anyone charged with a crime in Western Pennsylvania. Call us at 412-456-1221 today to find out how we can help defend your rights.

Learn more about Ketchel Law:

01/06/2022 | Criminal Defense, DUI, Pennsylvania Laws

Will You Lose Your License by Refusing a Breathalyzer or Blood Test After a DUI Arrest in Pennsylvania?

What Happens to Your License if you Refuse to Take a Breath or Blood Test in PA?

It may go without saying that many people who are charged with DUI are not thinking clearly when they are pulled over by the police. This sometimes results in a refusal to take a breathalyzer or a blood test after the DUI arrest, which can further complicate life down the road. The biggest complication for many is the loss of a driver’s license.

Refusing a breathalyzer or chemical blood test after a DUI arrest is not the same as refusing a portable breath test that police may carry in their car and ask you to take BEFORE your arrest. These tests are often to determine if you have alcohol on your breath and are not accurate or admissible in court.

If you refuse a breathalyzer or a blood test after a DUI arrest in PA, your license can be suspended both for the refusal and for the DUI. This means you could face two separate license suspensions: one suspension for the refusal, and the other for the DUI conviction.

Even if you end up getting accepted into the ARD program for your DUI charge, or receive a Not Guilty verdict, you can still face a license suspension for refusing chemical testing after the arrest.

If this has happened to you or your loved one, the first thing you can do is contact a DUI Attorney in Pennsylvania. Ketchel Law offers free consultations for anyone charged with DUI in Pittsburgh and Western Pennsylvania.

Call 412-456-4221 for a free legal consultation about your DUI case.

What is the difference between refusing a breathalyzer and refusing a blood test?

If you refuse a breathalyzer after a DUI arrest, you will be facing a license suspension for the refusal and your DUI will be graded as the highest tier DUI. (Read more about BAC level Tiers)

The reason for the highest tier grading is because a warrant is not necessary for police to test your breath. On the other hand, the police must have a warrant to get a blood sample. If you refuse to give a blood sample and the police do not get a warrant, then your DUI will likely be graded as a lowest tier DUI, general impairment. However, you will still face a license suspension for the refusal.

In either case, a refusal will mean an automatic license suspension from PennDOT. If you refuse, or the police say you refused, you will receive a letter from PennDot stating that your license will be suspended. This is true even if you are never charged criminally for DUI or if you win your DUI case. You will have thirty days from the date of the suspension letter to file an appeal of your suspension.

When you are issued a license by PennDOT, you have already signed an agreement to consent to taking a breath or blood test. By violating that agreement, you face the penalties of a license suspension, as the bare minimum.

Can a DUI Lawyer Help If I Refused a Chemical Test or Breathalyzer?

Yes.

The stakes for a DUI conviction are high if you refused a breathalyzer or chemical test, but an attorney can help you better understand your options. No situation is ever hopeless – there is always a chance you could get the penalties reduced and filing a license suspension appeal may help delay a license suspension.

An Arrest is NOT a Conviction.

It is very helpful to have an experienced PA DUI Lawyer explain the charges, your rights and help walk you through the process. A DUI Lawyer can also help explain when you will be eligible for Ignition Interlock suspension process, so you can begin driving again.

If you were charged with DUI in Western Pennsylvania, call Ketchel Law at 412-456-1221 for a free consultation.

PENNSYLVANIA DUI LAWYERS

KETCHEL LAW

Call 412-456-1221 for a free consultation

If you have been charged with a DUI in Pennsylvania, contact Ketchel Law today.

Our number one goal is to have your charges dismissed and your record clean.

Learn more about DUI Laws in Pennsylvania

_____________________

FREE LEGAL CONSULTATION

We offer free legal consultations to anyone charged with a crime in Western Pennsylvania. Call us at 412-456-1221 today to find out how we can help defend your rights.

Learn more about Ketchel Law:

10/26/2020 | DUI, Pennsylvania Laws

Reduced Sentencing for 2nd DUI Offense in Pennsylvania

Second-Time DUI Offenders May be Eligible for Reduced Sentence

Will the New Pennsylvania Ruling Reduce Your DUI Penalties?

If you were recently charged with a DUI offense in Pennsylvania and considered a “second-time offender” because you already completed the ARD program for a previous offense, you may be eligible to have your current sentence/punishment reduced.

You may be eligible for lower penalties under the Pennsylvania Post-Conviction Relief Act (PCRA) if:

You are currently serving your sentence as a second-time DUI offender;
You have not previously litigated or waived the issue of whether you committed the first-time offense; and
You file for relief within one year from the date of the judgment.

Defendant’s Acceptance of ARD Program Alone Cannot Heighten Defendant’s Sentencing

2nd DUI penalties pennsylvania

Recently, the Superior Court of Pennsylvania determined in Commonwealth v. Chichkin and Commonwealth v. Roche that the sole fact that a defendant completed an Accelerated Rehabilitative Disposition (ARD) program in the past, cannot be used as a “prior offense” for sentencing purposes because doing so violates constitutional due process.

In other words—your second DUI offense could be treated like a first DUI offense.

As you may know, a first DUI conviction has drastically different penalties than a second DUI conviction in Pennsylvania.

Read more about this new DUI ruling in Pennsylvania.

By being admitted to the ARD program, a defendant avoids trial and is not required to admit guilt. Therefore, it cannot be considered as a “prior offense” for DUI sentencing unless the Commonwealth proves to a jury beyond a reasonable doubt the fact that the defendant has committed a prior DUI offense or the defendant admits to having committed the prior DUI offense.

The difference between a first-time and a second-time DUI offense is significant because the law imposes mandatory minimums for repeat offenders. In addition, a third-time DUI conviction may result in felony charges.

Ketchel Law Successfully Reduced Sentence for DUI Offender who Previously Completed ARD Program

The PCRA allows individuals who are serving a sentence to challenge their conviction on the grounds that their conviction is unconstitutional.

Because the ruling in Chichkin held that it was unconstitutional to use an ARD as a “prior offense” to sentence a person as a second-time offender, Ketchel Law recently used this ruling to successfully argue a PCRA petition that resulted in the resentencing of a second-time DUI offense as a first-time offense for the client.

The client was eligible for relief because he was still serving his sentence, had not previously litigated or waived the issue, and timely filed the PCRA petition (within one year of the date of judgment).

Ketchel Law argued that because the court treated the fact that the client had previously completed an ARD program as a “prior” DUI offense, his sentence on the new DUI case as a second-time offense was illegal. The court agreed and re-sentenced the client as a first-time DUI offender.

This changed the defendant’s sentence from a misdemeanor of the first degree (M1) to an ungraded misdemeanor and reduced the amount of allowable supervision from 5 years to 6 months.

If you have recently been sentenced on a second DUI offense and your first DUI was an ARD program, call Ketchel Law right away to inquire if you are eligible to file a PCRA petition and possibly have your sentence changed.

If you were charged with DUI in Pennsylvania, Justin Ketchel can help build a strong defense for your case and keep fines and sentencing to a minimum.

The first step is to get a free legal consultation from an experienced and successful DUI Lawyer in Pennsylvania.

OUR NUMBER ONE GOAL: HAVING YOUR DUI CHARGES DISMISSED.

CALL KETCHEL LAW TODAY: 412-456-1221 FOR A FREE CONSULTATION

For more information and to better understand Pennsylvania DUI Laws, visit the following pages:

03/23/2020 | DUI, Pennsylvania Laws

Certain DUI Charges Now Felonies in Pennsylvania

Information on DUI Penalty Changes in Pennsylvania

Starting in December of 2019 new penalties were put into effect in Pennsylvania for offenders with multiple DUI convictions.

Previously, Pennsylvania did not consider multiple DUI charges as felonies, and instead treated all DUIs as misdemeanor offenses. The penalties for DUI convictions in Pennsylvania have now changed to include a felony sentence, a longer prison sentence and higher fines.

An Increase in Penalties for a DUI Conviction in PA

Multiple Convictions

Those who drive under the influence are now subject to felony charges if, on their third DUI conviction, they are found to have driven with a blood-alcohol level (BAC) of 0.16% or higher or under the influence of a controlled substance or refuse chemical testing under certain circumstances.

A fourth DUI conviction—regardless of blood alcohol level or substance involved—will now also be considered a felony.

The changes to the DUI law in Pennsylvania are as follows:

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.
Under the new law, a person found guilty of their fourth DUI offense in 10 years and with a BAC level between .08% and .10% is subject to 10 days to 7 years in jail and a $500—$15,000 fine.
Under the new law, a person found guilty for their fourth or subsequent DUI offense in 10 years with a blood-alcohol level of between .10% and .16% is subject to 1—7 years in jail and a $1,500—$15,000 fine.
Under the new law, a person found guilty on their fourth or subsequent DUI offense in 10 years with a BAC level of 0.16% 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.

Vehicular Homicide Under a DUI Conviction

The new law also increases the mandatory minimum sentence for past DUI offenders who commit intoxicated vehicular homicide. Under the old law, the maximum sentence was the same for everyone convicted of vehicular homicide while DUI: three years in prison. Under the new law, the penalty with one prior DUI is now five years in prison, while the minimum for an offender with two DUI convictions increases to seven years.

A DUI Charge While Under License Suspension

There are also increased penalties for those caught driving while their license is suspended for a DUI. The maximum penalty under the old law was a $500 fine and up mandatory 60-90 days in jail, regardless if it was a person’s first or subsequent offense. Under the new law, a second offense results in a Misdemeanor conviction and a mandatory $1,000 fine and at least 90 days in jail. A third offense leads to a $2,500 fine and a mandatory six months in jail.

What You Should Do When Facing DUI Charges in Pennsylvania

The first step is to get a free legal consultation from an experienced and successful DUI Lawyer in Pennsylvania, like Attorney Justin Ketchel. If you have been arrested for a DUI in Pennsylvania, Justin Ketchel can help build a strong defense for your case and keep fines and sentencing to a minimum.

OUR NUMBER ONE GOAL: HAVING YOUR DUI CHARGES DISMISSED.

CALL KETCHEL LAW TODAY: 412-456-1221 FOR A FREE CONSULTATION

To better understand what happens in Pennsylvania after you have been charged with DUI, read about:

OUR NUMBER ONE GOAL: HAVING YOUR DUI CHARGES DISMISSED.

CALL KETCHEL LAW TODAY: 412-456-1221 FOR A FREE CONSULTATION