Felony DUI in Pennsylvania
A DUI in PA can be charged as an ungraded misdemeanor, misdemeanor of the first degree or felony of the third degree. A felony DUI is the most serious offense and is triggered as the result of multiple prior DUI convictions.
When is a DUI in PA a Felony?
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 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.
2 If an individual refuses testing of breath or chemical testing pursuant to a valid search warrant AND that individual has two or more prior DUI convictions.
3 If an individual is charged with DUI Highest Rate of Alcohol (§3802(c)) AND that individual has two or more prior DUI convictions.
4 If an individual is charged with DUI related to Controlled Substances (§3802(d)) AND that individual has two or more prior DUI convictions.
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.
What are the Penalties for a Felony DUI Conviction in PA?
Even though all felony DUI charges in PA are felonies of the third degree, the penalties vary depending upon the circumstances. In other words, the penalties for different felony DUIs are not all the same. However, all felony DUI convictions involve mandatory imprisonment, large fines and prolonged license suspensions.
Pending Felony DUI Laws
Importantly, there is pending legislation as of March 2022 that seeks to increase the severity of the consequences for felony DUI offenders. Most notably is the provision seeking to include the grading of felony of the second degree under certain circumstances.
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.