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Felony DUI in Pennsylvania

A DUI in PA can be charged as an ungraded misdemeanor, misdemeanor of the first degree, felony of the third degree and felony of the second degree. A felony DUI is the most serious class of offense and is triggered as the result of multiple prior DUI convictions.

Prior to the enactment of Deana’s Law in 2022 the most serious DUI grading was a felony of the third degree; however, this new law added a more-serious felony of the second degree offense.

When is a DUI in PA a Felony?

Felony of the Second Degree (Most serious)

Under the following situations a DUI will be charged as a felony of the second degree under PA DUI Law §3803(b)(4.1)(ii). Grading:

1 If an individual refuses testing of breath or chemical testing pursuant to a valid search warrant AND that individual has three or more prior DUI convictions.

2 If an individual is charged with DUI Highest Rate of Alcohol (§3802(c)) AND that individual has three or more prior DUI convictions.

3 If an individual is charged with DUI related to Controlled Substances (§3802(d)) AND that individual has three or more prior DUI convictions.

Felony of the Third Degree

Under the following situations a DUI will be charged as a felony of the third degree under PA DUI Law §3803. Grading:

1 If an individual is arrested for DUI (general impairment, no testing refusal) and that person a) has three or more prior DUI convictions or b) has previously been convicted of homicide by vehicle while driving under influence ((§3803(a)(3)).

2 If an individual refuses testing of breath or chemical testing pursuant to a valid search warrant AND that individual has two prior DUI convictions (§3803(b)(4.1)(i)).

3 If an individual is charged with DUI Highest Rate of Alcohol (§3802(c)) AND that individual has two prior DUI convictions (§3803(b)(4.1)(i)).

4 If an individual is charged with DUI related to Controlled Substances (§3802(d)) AND that individual has two prior DUI convictions (§3803(b)(4.1)(i)).

5 If an individual is charged with DUI where a minor under 18 years of age was an occupant in the vehicle when the violation occurred, AND that individual has two or more prior DUI convictions (§3803(b)(5)(ii)).

What are the Penalties for a Felony DUI Conviction in PA?

All felony DUI convictions involve mandatory imprisonment, large fines and prolonged license suspensions (see § 3804. Penalties).

Contact a Felony DUI Lawyer in Pittsburgh, PA

When a DUI is charged as a felony the stakes could not be higher. Therefore the legal strategies used to defend these cases are often different than those used in typical misdemeanor DUI cases.

At Shrager Defense Attorneys our DUI lawyers regularly represent and help individuals in PA who are faced with these serious charges. Please consider contacting us for a free and confidential legal consultation to learn how we can help you.

Call 412-969-2540 right now or email us for a FREE initial legal consultation. Speak directly with Attorney David J. Shrager 24 hours a day, 7 days a week.