If you are arrested for a DUI and your Blood Alcohol Content or BAC is measured at .16% or higher, you will be charged in the highest tier, and thus face harsher consequences. In addition, the more subsequent DUIs you have on your record, the worse your situation becomes.
Pennsylvania’s Three Tier DUI System
In Pennsylvania, the severity of your punishment if found guilty of a DUI is determined by your Blood Alcohol Content (BAC) and the number of previous DUIs you may have had in the past.
The three tiers are impairment levels and are determined by the BAC at the time of the arrest.
The three tiers are impairment levels and are determined by the BAC at the time of the arrest. The BAC can be measured via a breathalyzer or a blood sample and generally need to be taken within two hours of your arrest.
The tiers are separated as follows:
- First Tier: .08% – .099% BAC. (general impairment)
- Second Tier: .1% – .159% BAC. (High BAC)
- Third Tier: .16% and higher BAC. (Highest BAC)
Punishment for a DUI with a BAC Over 0.16%
The punishments for a DUI in the highest tier increase depending on whether you have any prior DUIs on your record.
First Offense DUI
For a first offense DUI in the third tier the charge is an ungraded misdemeanor and carries the following penalties:
- Three days to six months in jail;
- 12 month license suspension;
- $1,000 – $5,000 in fines;
- Attendance in Alcohol Highway Safety School.
Second Offense DUI
For a second offense DUI in the third tier, the charge is a first degree misdemeanor and carries the following penalties:
- 90 days to five years in jail;
- 18 month license suspension;
- $1,500 – $10,000 in fines;
- Attendance in Alcohol Highway Safety School;
- One year ignition interlock device in your vehicle
Third Offense and Higher DUI
For a third offense and higher DUI in the third tier, the charge is a first degree misdemeanor and carries the following penalties:
- One to five years in prison;
- 18 month license suspension;
- $2,500 – $10,000 in fines;
- Attendance in Alcohol Highway Safety School;
- One year ignition interlock device in your vehicle.
Even though Pennsylvania has some tough guidelines for sentencing a DUI conviction, the experienced DUI attorneys at SMT know many ways to win a DUI case.
Additionally, several diversion programs exist for a first time DUI offenders – even those first time offenders who fall into the highest BAC tier. A diversion program could make it possible to have your record wiped clean and avoid a lengthy license suspension. You need the help of an attorney to gain acceptance into such programs.
There are also court ordered programs available to people who have multiple DUIs and it is possible to have your sentencing and fines greatly reduced if your lawyer makes a plea for one of these programs.
Contact the Pittsburgh DUI lawyers at SMT Legal for a free legal evaluation of your case. We are here to answer your questions, listen to your situation, explain your rights and offer the best steps in defending your rights and fighting for your license and your freedom.