DUI
First Offense DUI
Second Offense DUI
Third Offense DUI
Title 75
Ignition Interlock Law
License Suspension DUI
What are the Penalties for DUI in Chester County, PA?
Three tiers of penalties exist for DUI charges in West Chester and across Chester, Lancaster, Montgomery, and Delaware County. The exact penalties for any DUI case depend on two primary factors:
- Your blood alcohol content
- Whether you’re a first-time offender or a repeat offender
To base a DUI on your BAC, your blood alcohol content must be measured within two hours after the moment you operated the vehicle.
This chart helps to visually explain the DUI Law Grading & Sentencing for Pennsylvania
Why Hire a Chester County DUI Lawyer for a First Offense?
A Chester County first offense DUI is scary. Some people take the first offense lightly. That is a mistake. Even as a first-time offender, you could still face time in jail – including up to 6 months! You’ll also have hefty fines that could be levied against you and up to a full year suspension on your driver’s license. The risks are clear.
Keep in mind that a first offense DUI in Chester County could impact you if you are a commercial driver as well. And, if you get a second offense DUI in the coming months or years, that could lead to even more costly problems for you. That is why it is time to work with a DUI attorney who can help you avoid these outcomes.
Second Offense DUI Penalties and Grading:
How We Can Help You with Second Offense DUI
One of the most important decisions you can make after being charged with a DUI – and even before receiving a formal charge – is to contact a DUI attorney in Chester County. Working with an attorney allows you to receive the support you need. Keep in mind many DUI cases have numerous elements of evidence that the police can use against you. For that reason, it’s best to work with an attorney to help you get the best results possible.
Second Offenses Mean Harsh Penalties
If you are facing a Chester County second offense DUI, that may lead to a misdemeanor charge. This carries with it a sentence up to 5 years in jail and a heavy fine. You can also lose your license for over a year. In some situations, you may have to pay as much as $10,000 in fines for this offense. PA Legislature
Working with a Chester County, PA second offense DUI attorney allows you to know you’re getting the best possible outcome over this situation. There is no way to protect yourself without the expertise and guidance of an attorney who has worked through cases like your own before.
Contact our team immediately to learn more about fighting against 2nd offense DUI charges in Chester County, PA. Let us provide you with a consultation to discuss your case and learn more about your legal options in it.
| Tier: | Grading: | Penalties: | Fine: | License Suspension: | Other Penalties: |
|---|---|---|---|---|---|
| Tier 1: BAC %.08 - %.099 | Ungraded Misdemeanor (M) | Up to 6 Months Probation | $300 | No Suspension | Alcohol Highway Safety School and Other Treatment. |
| Tier 2: BAC % .10 - %.159 | Ungraded Misdemeanor (M) | 48 Hours to 6 Months Incarceration | $500 - $5,000 | 12 Month Suspension | Alcohol Highway Safety School and Other Treatment. |
| Tier 3: BAC %.16 or Higher & Controlled Substance | Ungraded Misdemeanor (M) | 72 Hours to 6 Months Incarceration | $1,000 - $5,000 | 12 Month Suspension | Alcohol Highway Safety School and Other Treatment. |
DUI Law Grading & Sentencing Guide For Pennsylvania
PA DUI Law Sections Violated:
Tier 1 DUI: General Impairment DUI Pennsylvania
BAC .08% to less than .099%
3802(a)(1) Incapable of Safe Driving
- No BAC (blood alcohol content) Available
- No Implied Consent Violation (A violation of 3802(a)(1) that involves an Implied Consent Violation is subject to the highest penalty
- No Injury or Damage (accident) (A violation of 3802(a)(2) and 3802(a)(1) that involve an accident with injury or damage are subject to the 2nd highest penalty level
Tier 2 DUI: High Rate DIU Pennsylvania
BAC .10% to less than .159% General Impairment with Accident
3802(a)(1) with damage or injury
3802(c) Minors .02% or higher
3802(f) Commercial Vehicles .04% or higher
3802(f) School Vehicles .02% or greater
3802 (f) Commercial/School Vehicles Incapable of Safe Driving
Tier 3 DUI: Highest Rate DUI Pennsylvania
BAC of .16% or Higher, Refusals, Drug DUI, etc.
3802(a1) with an Implied Consent Violation ( that involves an Implied Consent Violation is subject to the highest penalty)
3802(d) Controlled Substances
What Penalties Do First-Time DUI Offenders Face?
First DUI in 10 years:
3802(a)(1) & 3802(a)(2): Incapable of Safe Driving or BAC .08% to less than .099%
- Upgraded Misdemeanor
- Mandatory 6-month probation
- Fine $300
- AHSS (Alcohol Highway Safety School)
- No License Suspension
- No Interlock
- Full D & A (Drug and Alcohol) Assessment if indicated by CRN (Court Reporting Network)
3802: BAC .10% to less than .159%, High Rate DUI
- Upgraded misdemeanor
- Jail 48 hours to 6 months
- Fine $500-$5000
- AHSS
- License Suspension – 12-Months
- Immediate Interlock Eligibility – 1 year
- Full D & A (Drug and Alcohol) Assessment if indicated by CRN
3802: BAC .16% or higher, Implied Consent Violation, Controlled Substances – Highest Rate DUI
- Upgraded misdemeanor
- Jail 72 hours to 6 months
- Fine $1000-$5000
- AHSS
- License Suspension – 12-Months
- Immediate Interlock Eligibility – 1 year
- Full D & A (Drug and Alcohol) Assessment
What Penalties Do Second-Time DUI Offenders Face?
Second-DUI in 10 Years:
3802(a)(1) & 3802(a)(2): Incapable of Safe Driving or BAC .08% to less than .099%
- Upgraded Misdemeanor
- Jail 5 days – 6 months
- Fine $300-$2500
- AHSS
- License Suspension – 12-Months
- Interlock Eligibility After 6-Months
- Ignition Interlock – 1 year
- Full D & A (Drug and Alcohol) Assessment
3802: BAC .10% to less than .159%, Accident with Damage or Injuries, Minors .02% or greater, School & Commercial vehicles Incapable of Safe Driving
- Upgraded misdemeanor
- Jail 30 days to 6 months
- Fine $750-$5000
- AHSS
- License Suspension – 12-Months
- Interlock Eligibility After 6-Months
- Ignition Interlock – 1 year
- Full D & A (Drug and Alcohol) Assessment
3802: BAC .16% or higher, Implied Consent Violation, Controlled Substances
- Misdemeanor 1
- Jail 90 days – 5 years
- Fine $1500-$10,000
- AHSS
- License Suspension – 18-Months
- Interlock Eligibility After 9-Months
- Ignition Interlock – 1 year
- Full D & A (Drug and Alcohol) Assessment
What Penalties Do Third-Time DUI Offenders Face?
Third-DUI in 10 Years:
3802(a)(1) & 3802(a)(2): Incapable of Safe Driving or BAC .08% to less than .099%
- Misdemeanor 2
- Jail 10 days – 2 years
- Fine $500-$5000
- License Suspension – 12-Months
- Interlock Eligibility After 6-Months
- Ignition Interlock – 1 year
- Full D & A (Drug and Alcohol) Assessment
3802: BAC .10% to less than .059%, Accident with Damage or Injuries, Minors .02% or greater, School & Commercial vehicles Incapable of Safe Driving
- Misdemeanor 1
- Jail 90 days to 5 years
- Fine $1500-$10,000
- License Suspension – 18-Months
- Interlock Eligibility After 9-Months
- Ignition Interlock – 1 year
- Full D & A (Drug and Alcohol) Assessment
3802: BAC .16% or higher, Implied Consent Violation, Controlled Substances
- Felony 3
- Jail 1- 7 years
- Fine $2500-$15,000
- License Suspension – 18-Months
- Interlock Eligibility After 9-Months
- Ignition Interlock – 1 year
- Full D & A (Drug and Alcohol) Assessment
- DNA Sampling
What Penalties Do Fourth-Time DUI Offenders Face?
Fourth DUI in 10 Years:
3802(a)(1) & 3802(a)(2): Incapable of Safe Driving or BAC .08% to less than .099%
- Felony 3
- Jail 10 days – 7 years
- Fine $500-$15,000
- License Suspension – 18-Months
- Interlock Eligibility After 9-Months
- Ignition Interlock – 1 year
- Full D & A (Drug and Alcohol) Assessment
- DNA Sampling
3802: BAC .10% to less than .159%, Accident with Damage or Injuries, Minors .02% or greater, School & Commercial vehicles Incapable of Safe Driving
- Felony 3
- Jail 1- 5 years
- Fine $1500-$15,000
- License Suspension – 18-Months
- Interlock Eligibility After 9-Months
- Ignition Interlock – 1 year
- Full D & A (Drug and Alcohol) Assessment
- DNA Sampling
3802: BAC .16% or higher, Implied Consent Violation, Controlled Substances
- Felony 3
- Jail 1 – 7 years
- Fine $2500-$15,000
- License Suspension – 18-Months
- Interlock Eligibility After 9-Months
- Ignition Interlock – 1 year
- Full D & A (Drug and Alcohol) Assessment
- DNA Sampling
What is ARD and Can It Help My Case? Will My Driver’s License Be Suspended?
ARD (Accelerated Rehabilitative Disposition)
A DUI offense is eligible for ARD under the following circumstances:
- It is the first offense within 10 years
- No person, other than the offender, was killed or seriously injured
- There was no passenger in the offender’s vehicle under the age of 14 at the time of the offense
Mandatory License Suspension for ARD is as follows:
- No suspension if BAC is under .099% and the offender is not a minor
- A suspension of 30 days if BAC is .10% – .159%
- A suspension of 60 days if BAC is .16% or greater, BAC unknown, DUI involving drugs or violation of implied consent
- A suspension of 90 days if the offender is a minor
Mandatory Conditions of ARD for a DUI Offense:
- AHSS
- Probation supervision of a minimum of 6 months up to a maximum of 12 months
- Full D & A (Drug and Alcohol) Assessment, if BAC is .16% or greater or if CRN Profile report indicates the need for further evaluation for D & A counseling or treatment
- Mandatory license suspension as indicated
- Restitution to any person who suffered a financial loss
- Payment of any other fee, surcharge or cost required by law including fees for AHSS, evaluation and treatment
- Any other conditions established by the Court
What Defenses Can Be Raised if I’m Arrested on DUI Charges?
At Vincent J Caputo Law we’ll do everything in our power to build the strongest defense strategy possible. The specifics will depend on the facts and circumstances of your individual case. Potentially effective defense strategies often include:
- The police lacked probable cause for your traffic stop
- Lack of probable cause for chemical testing or field sobriety testing
- Errors in the field sobriety testing process
- Police bias
- Failure to properly maintain or calibrate the breathalyzer machine
- Policemen failed to administer the chemical test in the required time frame
- Chain of custody problems with your chemical testing sample
- The police coerced you into making statements
- Violation of your constitutional rights
- Lack of evidence to support the charges
Law enforcement officers and prosecutors have to follow the rules just like everyone else. If they make a mistake, you shouldn’t have to pay the price.
The penalizations for drunk driving in Pennsylvania are harsh. However, not every DUI arrest results in a conviction. Even if convicted, judges have wide discretion when it comes to your punishment. With an aggressive DUI lawyer by your side, you greatly increase your chances of minimizing the harsh consequences.
We have a lot of experience handling DUI cases like yours. We know how law enforcement officials work–and we will fight to have your DUI charges reduced or your case dismissed if possible.
If you were arrested for driving while intoxicated, don’t wait to take legal action.
Why Contact Vincent Caputo Law?
Facing a DUI charge can be overwhelming and frightening, but having the right legal representation can make all the difference. Vincent Caputo Law is dedicated to providing expert legal assistance for DUI cases in Pennsylvania. Here’s why you should contact us if you get a DUI:
- Experienced Representation: Vincent Caputo has extensive experience in DUI defense and understands the intricacies of Pennsylvania DUI laws.
- Personalized Attention: We take the time to understand your unique situation and tailor our defense strategy to achieve the best possible outcome.
- Aggressive Defense: We fight vigorously to protect your rights and minimize the impact of a DUI charge on your life.
- Comprehensive Support: From your initial consultation to the resolution of your case, we provide comprehensive support and guidance every step of the way.
Don’t face a DUI charge alone. Contact Vincent Caputo Law today for a free consultation and let us help you navigate the legal process with confidence.