Driving Under the influence (DUI) or Driving While Intoxicated (DWI) is the act of operating a motor vehicle while under the influence of alcohol or drugs (narcotics or prescription).

DUI Defined:

A DUI is driving over the legal limit of 0.08% and higher. An offender convicted of a DUI can be subject to a series of serious criminal and civil penalties and fines.

The amount of alcohol has a significant impact on the types of charges that an offender is facing. The basic outline for the state of Pennsylvania includes the following:

DUI General Impairment- offender alcohol concentration is between 0.08 to 0.099%

  • First Offense: Minimum of six months probation
  • Second Offense: Minimum of five days in jail
  • Third and Subsequent Offenses: Minimum of ten days in jail

DUI with High Rate of Alcohol- offender alcohol concentration of 0.10 to 0.159%

  • First Offense: Minimum of 48 hours in jail
  • Second Offense: Minimum of 30 days in jail
  • Third Offense: Minimum of 90 days in jail
  • Subsequent Offenses: Minimum of one year in jail

DUI with Highest Rate of Alcohol-offender alcohol concentration higher than 0.16% or controlled substances involved:

  • First Offense: Minimum of 72 hours in jail
  • Second Offense: Minimum of 90 days in jail
  • Third and Subsequent Offenses: Minimum of one year in jail

Levels of Charges and Consequences for DUI and DWI Offenses:

  • In Pennsylvania a DUI is considered a misdemeanor but is often sentenced with serious penalties
  • DUI Penalties can also include court supervision, a 12-18 month driver’s license suspension, court ordered alcohol and/or drug treatment, fines/court costs, and an ignition Inter-lock device on the offender’s car
  • The primary factors impacting the amount of jail time an offender will receive depends on the number of prior DUI offenses within 10 years of the current offense and the amount of alcohol in the offenders system at the time of the offense

Things to Know about DUI and DWI Offenses:

  • Offenders may be offered the opportunity to join the Accelerated Rehabilitative Disposition program which will allow jail time to be avoided and the potential for the offender to have the charge expunged from their criminal record
  • DUI offenses can have lasting implications to records that impact not only individuals but employment and parenting rights
  • DUI offenses as a result of a combination of alcohol and legal prescription medication need to be carefully evaluated and should be discussed as quickly as possible with a legal professional

Attorney Maureen Coggins is confident she can assist with the legal issues facing you or your family. With over 20 years of experience with the State of Pennsylvania while pursuing both state and federal criminal cases, Attorney Coggins brings a diverse and successful background to help seek the best possible outcome for your case. For a consultation, please contact her office at (610) 400-3017 or through email.