DUI

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.

Pennsylvania DUI Law—FelonyAn 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

09/27/2016 | DUI, Pennsylvania Laws, Supreme Court, Your Rights and the Law

Supreme Court Ruling and DUI Cases in PA

2016 Supreme Court Ruling on DUI Law

Arresting Officers Need Search Warrant for DUI Blood or Chemical Testing 

A 2016 ruling by the United States Supreme Court in Birchfield v. North Dakota changed Pennsylvania DUI law in a major way.

Prior to this decision, police officers investigating a DUI case were not required to obtain a search warrant to extract blood from an individual under suspicion of DUI for purposes of chemical testing.

The law now says a warrant is required to obtain blood from an individual.

If a warrant was not obtained in your DUI case, the possible penalties you face may have changed. Call the Ketchel Law today for a free consultation at 412.456.1221.

How does this ruling affect DUI cases in Pennsylvania?

  • If no warrant was obtained for a blood draw, an individual charged with a first offense DUI with a blood alcohol level (“BAC”) of .16 or higher may now receive NO JAIL time and NO LICENSE suspension as opposed to 72 hours in jail and a one year driver’s license suspension.
  • Prior to Birchfeild, a person facing a second offense DUI with a BAC of .16 or higher faced a mandatory 90 days—5 years imprisonment with a license suspension of 18 months. Now, assuming no warrant was obtained to collect the blood evidence, an individual faces only 5 days—6 months incarceration and a one year license suspension.
  • For a third offense DUI with a BAC of .16 or higher, an accused faces a mandatory state prison sentence of 1-5 years with a license suspension of 18 months followed by an Ignition Interlock for 1 year. If no warrant was obtained for the blood draw, an individual now faces only 10 days—2 years in jail and a license suspension of 12 months followed by an Ignition Interlock for 1 year.

Contact a Pittsburgh DUI Lawyer at Ketchel Law today at 412-456-1221 to find out whether this new law will affect your Pennsylvania DUI charges.

PITTSBURGH 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

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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:

10/29/2015 | Criminal Defense, DUI, Preventing DUIs, Your Rights and the Law

Avoiding a DUI Arrest

What Actions Could Make You Get Pulled Over for DUI?

Officers are trained to detect drivers under the influence of alcohol and/or drugs from observing the individual operate the vehicle, react during a traffic stop, and complete field sobriety tests.

The following show the different phases of a DUI arrest and highlights what you should be aware of if you are pulled over for a suspected DUI.

Operating the Vehicle

The following indicators represent a ‘high probability’ that a driver is impaired by drugs or alcohol:

  • Trouble staying in your lane of traffic;
  • Variations with braking and speed (e.g., abrupt braking, speeding up then decreasing speed, driving too slow or significantly under the speed limit);
  • The drivers awareness (or lack thereof) of road signs or signals, and;
  • Problems with the driver’s judgment (e.g., illegal turn, unsafe or risky lane change, tailgating)

The DUI Traffic Stop

Once the officer initiates a traffic stop, he is required to note indicators of impairment during his interaction with the suspect. Such cues include, but are not limited to, the following:

  • Slurred speech;
  • Glassy, bloodshot eyes;
  • Odor of alcohol;
  • Unsteady balance;
  • Fumbling with driver’s license, registration or insurance information;
  • The suspect repeats comments or questions;
  • The suspect has slow or delayed responses;
  • The suspects becomes angry or argumentative;
  • The suspect admits to consuming alcohol and/or drugs (even just one beer or cocktail) Remember: You are not required to give a statement to police that may incriminate you.

Field Sobriety Tests

You are not required to submit to field sobriety tests under the law. Field sobriety tests are designed to test an individual’s balance, ability to process information and coordination but are often unreliable and can be used as additional evidence against you.

However, you are required to submit to a chemical test  (i.e., giving a blood or urine sample). A refusal to submit to a chemical test can result in additional penalties and immediate suspension of your driver’s license.

If you were charged with DUI or are in violation of the Interlock Program, call our Pittsburgh DUI Lawyers who have a thorough understanding of the laws and court process. Our attorneys can help. Call Ketchel Law for a free consultation.

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PITTSBURGH DUI LAWYERS

If the cops catch you, call Ketchel.

Get a free legal consultation: 412-456-1221

____________________________________________

 

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

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

_____________________

FREE LEGAL CONSULTATION

We offer free legal consultations to anyone charged with a crime. Call us today to find out how we can help defend your rights.

Learn more about Ketchel Law:

02/12/2014 | DUI, Pennsylvania Laws, Your Rights and the Law

Reasonable Suspicion Is Required for an Officer to Ask You to Submit to a Preliminary Breath Test (PBT)

Just because your preliminary breath test (PBT) indicated there was alcohol in your system, does not mean that it can be used against you in court.  In fact, many times a PBT is administered without reasonable suspicion and the results can be suppressed.

In order for a police officer to administer a PBT, that officer must have a reasonable suspicion to believe you were driving or in actual physical control of the movement of a motor vehicle while under the influence of alcohol.  Pennsylvania Courts will not allow an officer to ask for a PBT based on merely a hunch.

In order to ask you to submit to a PBT, the officer must be able to point to specific observations and delineate why those observations would justify the administration of a PBT. If the officer is unable to point to specific observations that led him to ask for the PBT, the Court may find that he lacked the required reasonable suspicion and not allow the results of the PBT to come into evidence.  Additionally, if the court finds there was not reasonable suspicion to administer a PBT, the absence of the results could result in your entire case being dismissed.

If you or someone you know has been subjected to a PBT and arrested because of it, you should consult an attorney as soon as possible.  The experienced Pittsburgh DUI Lawyers at Ketchel Law can determine if the administration of the PBT was warranted.  If the officer did not have reasonable suspicion to administer a PBT, the after-acquired evidence could be suppressed and your case dismissed.

Our attorneys can help. Call Ketchel Law for a free consultation.

____________________________________________

PITTSBURGH DUI LAWYERS

If the cops catch you, call Ketchel.

Get a free legal consultation: 412-456-1221

____________________________________________

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

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

_____________________

FREE LEGAL CONSULTATION

We offer free legal consultations to anyone charged with a crime. Call us today to find out how we can help defend your rights.

Learn more about Ketchel Law: