After an arrest for a DUI in the state of Pennsylvania, you face a serious charge. But whether the penalties for you include the possibility of going to jail for your first DUI depends on the circumstances of your case.
The severity of the penalties for a first offense driving under the influence charge in Pennsylvania is adjustable, depending on several items, including:
- Your BAC level (or blood alcohol content)
- Your age
- Whether an accident occurred
- Whether you refused a breathalyzer test or blood test
Other circumstances surrounding your DUI arrest could cause your penalties to increase in severity. If law enforcement chooses to add on extra charges during the DUI arrest, such as resisting arrest, you could face jail time.
Potential First DUI Penalties
If convicted, there is a possibility for you to go to jail for your first DUI in PA. But if your case does not have extenuating circumstances, your chances of a jail sentence are low.
The level of your BAC plays a key role in determining whether jail time is a possibility for you. The legal limit for a drunk driving charge in Pennsylvania is .08 BAC. As part of the law, tiers of punishment exist, depending on the circumstances around the DUI charge.
For a driver convicted of first offense DUI with a BAC measurement of .08 to .10, the potential penalties at sentencing include:
- Probation up to six months
- Fine up to $300
- Attending a traffic safety class
- Attending an alcohol treatment program
Jail time is not part of the suggested penalties for this charge.
Extra Penalties
However, if law enforcement finds other circumstances during the DUI arrest, you could face additional penalties (PA Code Title 38), including jail time.
For a first time DUI conviction where the BAC measurement of the driver was between .10 and .16 (or higher), the sentencing guidelines do include the possibility of jail time. Possible penalties in this situation include:
- Jail or prison time up to six months
- Fine up to $5,000
- Suspension of driver’s license for up to one year
- Attending a traffic safety class
- Attending an alcohol treatment program
Should a minor passenger be riding in the car at the time of the DUI arrest or if you were in an accident, extra penalties, including jail time, could be assigned.
A defense lawyer can work on your behalf in a situation like this, attempting to argue that you should be sentenced under more lenient guidelines because of things like a clean past driving record.
Law Enforcement Protocol During DUI Arrest
If you have been pulled over and the police officer suspects you are driving drunk, you will likely be given a series of field sobriety tests. Should the officer determine probable cause exists after these tests, you may be asked to submit to a breath test.
Once the officer arrests you on suspicion of driving under the influence, you may need to submit to a BAC test. You could spend a few hours in jail after these tests.
Implied Consent
Pennsylvania law requires that when law enforcement asks a driver to submit to any tests related to suspicion of a DUI, the driver must comply.
Refusal to take a DUI test can result in immediate license suspension and the harshest penalties. The law essentially treats the refusal to take a breathalyzer or BAC test as if the driver failed the tests.
Rules for Testing
Law enforcement officers must follow a series of rules and regulations when administering tests related to drunk driving. It is the right of the accused to have these procedures followed exactly.
Any deviation from these regulations or any mistakes committed during the administration of the tests can lead to reasonable doubt about your guilt of this charge.
If a defense attorney finds inconsistencies or errors in the testing process, he or she could negotiate with prosecutors for a reduction in charges or a dismissal of the case.
Protect Your Right to Defend Yourself
When law enforcement arrests you for a first offense DUI, you need to be prepared to defend yourself. Sometimes, the chances you to go to jail for your first DUI in PA depend on the defense team you hire.
Prosecutors will be working on proving your guilt. The sooner you hire representation, the faster your attorney can begin working on your behalf to thoroughly investigate the circumstances of the case and to craft an appropriate defense strategy.
Count on McKenzie Law Firm, P.C., to protect your interests in a case like this. Call us at (610) 680-7842 for a free consultation. Once you hire us, you will be able to have any questions answered at any time—over the phone, via text, social media, or email. We pride ourselves on our attention to our clients and our quick responsiveness.
