Frequently Asked Questions About DUIs

That depends on your BAC level and whether this is your first DUI offense. If it’s a first offense and your BAC level is under .099 percent, there is no jail time. If the BAC is .10 to .159 percent, jail time typically ranges from 48 hours to six months. If your BAC is .16 percent or higher, jail time is typically 30 days to six months.

If you’ve had a prior conviction, jail time (and other penalties) can also rise. For instance, a second DUI with a BAC of .099 percent or lower earns you anywhere from five days to six months in jail. The next BAC tier (.10 to .159 percent) results in 30 days to six months, and the highest tier (.16 percent or higher) results in 90 days to five years in prison. Third and subsequent offenses, again depending on your BAC, rise even higher, dishing out anywhere from one to five years of prison time for a third DUI with the highest BAC.

Again, it all depends on your BAC level and whether this is a first or subsequent offense. A first-time offense with a low BAC (.99 percent or lower) carries no license suspension. Higher BACs and subsequent offenses can result in a license suspension for up to 12 to 18 months.

If it’s your first offense, and your BAC is higher than .99 percent, your license will be suspended for at least 12 months. A first-time offender can apply for an Occupational Limited License (OLL) after 60 days of the suspension, which will allow you to drive to work and other specified destinations. During that initial 60-day suspension period, you will have to arrange alternate transportation to work until the OLL is approved.

There are several steps before you go to trial. There will be a preliminary hearing during which the arresting officer will present evidence against you before a judge (such as breathalyzer results, testimony, photos, and so on). At this phase, the charge can still be reduced or dismissed, so having an experienced attorney representing you is essential.

Formal arraignment will follow in the next 30 to 60 days. When your case gets to trial, the prosecution and your attorney will present evidence and call witnesses, with the right to challenge the evidence and the witnesses of the other side. At this point, you will certainly want an attorney at your side to protect your rights and represent your best interests during the trial, whether it’s before a judge or jury. It’s still possible to have charges reduced or dismissed, so having an experienced Pennsylvania DUI defense attorney in your corner can be crucial to the outcome of your case.

Absolutely. An experienced attorney can challenge everything, including the probable cause of the arrest, the motive of the arresting officer, the results of the breathalyzer or blood test, the testimony of any witnesses, and any other evidence that has been submitted. Remember, a conviction can result in a lifetime public criminal record, potential jail time, and significant fines — all of which could jeopardize your chances at employment and other important life opportunities.

Depending on your BAC and any prior DUI convictions, you could also face lengthy license suspensions and have to install an ignition interlock device (IID) on your vehicle. This device will make your vehicle inoperable if you have any alcohol on your breath. As mentioned above, there may be additional penalties including fines, jail time, probation, and treatment and education programs that may be mandated by the court.

The best way to get a reduced sentence or to have your charges dropped altogether is to have an experienced and aggressive DUI defense attorney represent you in court. If you choose to face your charges on your own, you can easily be overwhelmed by the various legal proceedings and pressure from the prosecution. Prosecutors can portray you in any way they want, and you’d be at a significant disadvantage if you attempt to defend yourself. If you choose to simply plead guilty, you may get the full extent of the penalties thrown at you.