Under PA DUI laws, a person driving, operating or in physical control of a vehicle may be charged with DUI if:

It is important to note that any amount of a Schedule I drug or non-prescribed Schedule II or III drug in the driver’s blood will result in a DUI charge. Even if the driver is below the legal limit, it is still possible to be arrested for DUI in PA if alcohol or drugs have rendered the driver incapable of safe driving.

Facing DUI charges in PA? Contact the Regan Law Firm today to schedule your free initial consultation.

Pennsylvania categorizes DUI cases so that the higher the BAC, the stiffer the penalties. In addition to the increased penalties for higher BAC’s, penalties also increase when the defendant has a prior DUI in the preceding ten years. All defendants convicted of a DUI in PA will incur a mandatory minimum sentence, though this does not always include jail. You can learn more on our DUI FAQ page, as well.

In Pennsylvania, you can face jail time depending on the BAC level that you were caught driving with and if you have had prior DUI convictions.

Possible minimum jail sentences for DUI in PA with BAC between .08 -.099 include:

Possible minimum jail sentences for DUI in PA with BAC between .10 -.159 include:

Possible minimum jail sentences for DUI in PA with BAC between .16 and higher include:

DUI in Pennsylvania are misdemeanors if it is your first or second DUI in the last 10 years. For third or subsequent DUI’s in the last 10 years you may be charged with a felony offense, depending on your BAC, if the DUI is drug related, or if you refused a blood test.

The mandatory minimum sentences for an adult convicted of a first offense DUI are as follows:

If this is the driver’s second DUI in the last ten years, the mandatory minimum jail sentences increase to five days, thirty days and ninety days respectively. If this is the third DUI in the last ten years, the penalties increase to ten days, ninety days, and one year respectively.

Additionally, the maximum sentences for a driver with a prior DUI may be up to seven years of imprisonment depending on the BAC, prior DUIs, and whether there was a crash with injuries or property damage.

There are several common defenses in a DUI case. The officer may have stopped the car without reasonable suspicion or probable cause. The chemical breath or blood test may have occurred more than two hours after the driver was in control of the motor vehicle. The officer may have failed to observe the driver 20 minutes prior to submitting to a chemical breath test.

The chemical breath test machine may not have been calibrated properly or performed by a certified operator. These are some of the common issues that may arise in a DUI case. A Allentown DUI lawyer and client should discuss these potential defenses, and any other relevant issues, when deciding to take the case to trial or enter into pleas negotiations.

Depending on the driver’s criminal history, he or she may be eligible for the ARD program. If accepted into ARD the driver would not go to jail and would incur a much shorter license suspension.

In addition, upon successful completion of the ARD program the driver may petition the court to expunge all government records of the DUI arrest. For more information, see our DUI FAQ.

If you have questions about PA DUI laws, call our Allentown DUI attorney now for your free, no-obligation, confidential initial consultation.