People make mistakes. Unfortunately, a mistake that people make all too often is the decision to drink and drive. DUI offenses account for a large percentage of arrests in Chester County and Pennsylvania. An arrest for DUI can be embarrassing and demoralizing. A conviction for DUI can cause you to spend time in jail, lose your license, and pay hefty fines. If you have been charged with DUI in Chester County, it is imperative that you hire a competent, local attorney who knows how to defend you against the charges that you face. For more information on the Programs available specifically to those accused of DUI offenses, please see the article on Assisted Rehabilitative Disposition (ARD).
In analyzing a DUI arrest, it is critically important to review the facts that led to law enforcement’s belief that an individual was driving while under the influence. Did the law enforcement officer see the accused swerving in the road? Did the accused get detained while going through a DUI checkpoint? Did the accused cause an accident? If law enforcement did not have proper justification to stop the vehicle and make an arrest for DUI, it is possible that the evidence of DUI could be suppressed and the charges dropped.
In Pennsylvania, the DUI offense is broken down into 3 “tiers” based on the accused’s blood alcohol concentration (“BAC”). The “lowest tier” occurs when the BAC is at least 0.08%, but less than 0.10%. The “middle tier” occurs when the BAC is at least 0.10%, but less than 0.16%, and an offender’s BAC is in the “highest tier” when it is 0.16% or above. The mandatory minimum penalties for a DUI offense in Pennsylvania depend on the BAC of the individual accused of DUI. The mandatory minimum penalties for a DUI in Pennsylvania also depend on whether the accused has previous convictions for a DUI offense. For more information about DUI penalties in Pennsylvania, including Chester County DUI offenses, please see the following chart:
| PENNSYLVANIA DUI PENALTY CHART | |||
|---|---|---|---|
| TYPE OF DUI | 1st PA DUI | 2nd PA DUI | 3rd PA DUI |
|
General Impairment Incapable of Safely Driving OR BAC 0.08 - 0.99 % |
$300 fine | $300 - $2500 fine | $400 - $2500 fine |
| alcohol highway safety school | alcohol highway safety school | ||
| 12 month license suspension | 12 month license suspension | ||
| five days to six months jail | ten days jail to two years prison | ||
| one year ignition interlock device | one year ignition interlock device | ||
| TYPE OF DUI | 1st PA DUI | 2nd PA DUI | 3rd PA DUI |
|
High BAC BAC 0.10 - 0.159 % OR DUI with a Minor Driver OR DUI in Commercial Vehicle |
$500 - $5000 fine | $750 - $5000 fine | $1500 - $10,000 fine |
| alcohol highway safety school | alcohol highway safety school | ||
| 12 month license suspension | 12 month license suspension | 18 month license suspension | |
| 48 hours to six months jail | 30 days to six months jail | 90 days jail to five years prison | |
| one year ignition interlock device | one year ignition interlock device | ||
| TYPE OF DUI | 1st PA DUI | 2nd PA DUI | 3rd PA DUI |
| Highest BAC BAC 0.16 % or greater OR Controlled Substance DUI OR Incapable of Safely Driving and BAC Refusal |
$1000 - $5000 fine | $1500 - $10,000 fine | $2500 - $10,000 fine |
| alcohol highway safety school | alcohol highway safety school | ||
| 12 month license suspension | 18 month license suspension | 18 month license suspension | |
| 72 hours to six months jail | 90 days jail to five years prison | one year to five years prison | |
| one year ignition interlock device | one year ignition interlock device | ||