FIRST DUI IN PENNSYLVANIA

For many people, being arrested for DUI for the first time is their first encounter with the criminal justice system. This can be a very terrifying experience so our attorneys are here to help you understand your rights and fight for them.

Our Pittsburgh DUI Lawyers understand that good people make mistakes and that some DUI charges and arrests may not be valid in certain situations.

Pennsylvania first-time DUI penalties are very tough.

Even a first-time DUI conviction in PA could mean a misdemeanor on your criminal record, mandatory incarceration, license suspension, ignition interlock, fines and court fees and mandatory alcohol highway safety school.

Attorney David J. Shrager has fought and won numerous first-time DUI cases in Pittsburgh and throughout Western PA over the years. He works with many families and individuals facing DUI convictions. We will do our absolute best to prepare your case and take an aggressive approach in defending your rights.

Winning against DUI charges in Pennsylvania is possible. There are numerous defenses an attorney can help you consider.

For first time DUI offenders, you may be eligible for the ARD Program in your area. This program could help reduce your sentencing and keep you from going to jail.

If you have been arrested for a first-time DUI offense in Pennsylvania the best thing for you to do is to call a Pittsburgh DUI Attorney for a free consultation. Attorney Shrager is available his cell phone 24/7. Let him answer your questions.

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BEING ARRESTED FOR A DUI IN PA DOES NOT
MEAN THAT YOU WILL BE CONVICTED.

CALL OR TEXT DAVID J. SHRAGER TODAY FOR A
FREE LEGAL CONSULTATION: 412-969-2540.
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FIRST TIME DUI IN PA – QUESTIONS AND ANSWERS

Below are answers to several common questions about first time DUI or DWI charges.

Q. What is the percentage of blood alcohol content (BAC) that makes it unlawful to drive a motor vehicle in PA?

A. The first thing to note is that you do not have to be over the legal limit to be arrested for a DUI. If the police suspect you have been drinking, you can be charged with “general impairment.” Read PA DUI laws for more information.

Adults cannot legally operate a motor vehicle with a BAC of .08% or greater. Minors cannot legally operate a motor vehicle while their BAC is .02% or greater. If operating a commercial vehicle Commercial Truck Drivers cannot legally operate a motor vehicle at a BAC of .04% or greater. Read more about underage drinking penalties and DUI with a CDL license.

Q. What is considered a first offense or “prior” offense in PA?

A first offense means that you do not have a prior conviction for DUI in PA.

A prior offense is a DUI conviction that occurred within 10 years prior to the current DUI arrest.

Additionally, it can also refer to a DUI conviction that took place before the sentencing for the current DUI arrest, regardless of the time frame.

Q. What happens if I refused to take a breath or blood alcohol test?

A. Your license will be suspended for 12 months by PennDOT and you will be subject to the highest tier of DUI penalties if you refused breath or blood testing pursuant to a valid search warrant (this does not include a portable roadside breath test). However, refusing to take the test does not mean your case is hopeless. There are many strategies to defend a DUI case.

Q. Will my drivers license be suspended?

As said above, if you refused chemical testing you will receive a civil license suspension by PennDOT for 12 months which will be in addition to any license suspension imposed if you are convicted. If you did not refuse, there is no license suspension unless you are convicted. If you are convicted, the potential duration of a license suspension can be 0-24 months depending upon the circumstances of your DUI.

Q. Do I need a DUI attorney for a first offense?

A. You should strongly consider hiring an experienced DUI lawyer even for your first offense especially if your BAC was .10% or greater, you refused a breath test (non-roadside) or blood test, you were in an accident involving injury or you have a CDL drivers license.

In such situations even first-time DUI penalties can be severe and life-altering.

At Shrager Defense Attorneys, we will do everything within our power and influence to get the best possible outcome for you.

Q. What will a DUI Attorney do for me?

A. A DUI lawyer will help you to understand the charges brought against you and the legal proceedings you face. There are several DUI Defense Strategies that can be applied.

We will examine the criminal complaint brought against you and the sometimes confusing paperwork that comes with it, prepare you for the preliminary hearing, review police reports and videotape.

After receiving the evidence we will advise you as to the best course of action and your choices such as trial or diversionary program such as ARD.

A good DUI lawyer will check the police reports for accuracy and ensure all evidence was collected legally. If evidence is suspected of having been obtained illegally, your attorney may motion for the evidence to be suppressed. If suppression is granted by a judge, your case may be dismissed.

An experienced DUI lawyer weighs all options, including a trial, negotiated pleas, and ARD, to get charges and fines reduced or dropped.

Shrager Defense Attorneys are experienced lawyers who, for years, have been fighting and winning DUI cases for the people of Pittsburgh. Let us defend your rights.

Q. What should my first step be if I am arrested for DUI in Pennsylvania?

A. Call an attorney immediately. Attorney David J. Shrager is available via his cell phone 24 hours a day, even on holidays, and gives free initial legal consultations. Contact David J. Shrager now if you have been charged with a DUI in Pennsylvania.

FIRST-TIME DUI PENALTIES IN PA

DUI penalties in Pennsylvania are controlled by 75 Pa.C.S. § 3804.

TIER 1 DUI OFFENSES (misdemeanor):

Tier 1 offenses are the least severe and include the following:

§3802(a)(1) – General Impairment – Rendered Incapable Of Safely Driving: This offense involves driving under the influence to the point where you’re unable to drive safely.
§3802(a)(2) – General Impairment (BAC at least 0.08% but less than 0.10%): This offense involves driving with a blood alcohol concentration (BAC) that’s above the legal limit but less than 0.10%.

TIER 1 FIRST-TIME DUI PENALTIES:

A mandatory minimum term of six months’ probation;
A fine of $300;
Required attendance at an alcohol highway safety school;
Compliance with all drug and alcohol treatment requirements;
No license suspension

TIER 2 DUI OFFENSES (misdemeanor):

Tier 2 offenses are more severe and include the following:

§3802(b) – High Rate Of Alcohol (BAC at least 0.10% but less than 0.16%): This offense involves driving with a BAC that’s at least 0.10% but less than 0.16%.
§3802(e) – Minors (Under age 21, BAC 0.02% or higher): This offense involves a minor driving with a BAC of 0.02% or higher.
§3802(f)(1)(i) – Operating a Commercial Vehicle (BAC 0.04% or greater): This offense involves operating a commercial vehicle with a BAC of 0.04% or greater.
§3802(f)(1)(ii) – Operating a School Bus (BAC 0.02% or greater): This offense involves operating a school bus with a BAC of 0.02% or greater.
§ 3804(b) – Accident involving injury, damage or death (BAC 0.08% but less than 0.10%): This offense involves causing an accident that results in injury, damage, or death while driving with a BAC of 0.08% but less than 0.10%.

TIER 2 FIRST-TIME DUI PENALTIES:

Imprisonment for not less than 48 consecutive hours;
A fine of not less than $500 nor more than $5,000;
Required attendance at an alcohol highway safety school;
Compliance with all drug and alcohol treatment requirements;
A 12-month suspension of operating privileges upon conviction, with a 1-year ignition interlock which can begin immediately.

TIER 3 DUI OFFENSES (misdemeanor):

Tier 3 offenses are the most severe and include the following:

§1547(b)(2)(ii) – General Impairment DUI Conviction Plus Refusal of Breath or Blood Testing Pursuant to a Valid Search Warrant: This offense involves a general impairment DUI conviction plus refusal of breath testing or blood testing pursuant to a valid search warrant (roadside breath tests not included).
§3802(c) – Highest Blood Alcohol (0.16% or higher): This offense involves driving with a BAC of 0.16% or higher.
§3802(d) – Controlled Substances: This offense involves driving under the influence of controlled substances.

TIER 3 FIRST-TIME DUI PENALTIES:

Imprisonment for not less than 72 consecutive hours;
A fine of not less than $1,000 nor more than $5,000;
Required attendance at an alcohol highway safety school;
Compliance with all drug and alcohol treatment requirements;
A 12-month drivers license suspension (with an additional 12-18 months if you refused breath testing or blood testing pursuant to a valid search warrant), with a 1-year ignition interlock which can begin immediately.