Erie, Pennsylvania DUI Criminal Defense Attorney

Being arrested for DUI is a serious offense that can have serious consequences, including jail time, loss of driving privileges, and monetary fines. It is important that anyone facing an DUI (DWI) charge understand what challenges they will encounter. Seeking the legal advice of an accomplished and knowledgeable DUI defense attorney will help you understand all of your options and rights.

What happens if I was arrested for DUI in Erie?

Under Pennsylvania law, when you have been cited for violating the DUI statute in Erie, the state imposes penalties based on your BAC level. Pennsylvania uses a 3-tier system to impose DUI (Driving Under the Influence) charges upon an offender:

• General Impairment: 0.08 to 0.099% BAC
• High BAC: 0.10 to 0.159% blood-alcohol concentration (BAC)
• Highest BAC: 0.16% and higher

DUI Penalties for First Time General Impairment Offenders

• Driving Privileges and DUI - A first time DUI conviction will not result in the suspension of driving privileges in Pennsylvania.
• Fines - In Erie, Pennsylvania, fines for a first time DUI are $300.
• Jail Time - Pennsylvania does not require that the offender serve any jail time.

DUI Penalties for First Time High BAC Offenders

• Jail Time - A first time DWI - DUI offender faces at least 48 consecutive hours, up to 6 months jail time.
• Driving Privileges and DUI - In Erie, Pennsylvania, a first time DWI - DUI conviction (High BAC level) results in the revocation of driving privileges in Pennsylvania for 12 months.
• Monetary Fines - In Erie, Pennsylvania, fines for a first time DUI are $500 to $5,000.

Pennsylvania DUI Penalties for First Time Highest BAC Offenders

• Jail Time - A first time DUI or DWI offender faces at least 72 consecutive hours, up to 6 months time in jail.
• Monetary Fines - In Erie, Pennsylvania, fines for a first time DUI are $1,000 to $5,000.
• Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the suspension of driving privileges for 12 months. The penalties for refusal to submit to chemical testing are the same as those for the Highest BAC offenders. Pursuant to Pennsylvania law, an individual may request an Administrative Hearing from the Department of Transportation only in the event the offender refused chemical testing.
• Pennsylvania Driving Privileges and DUI - In Erie, Pennsylvania, a first time DUI or DWI conviction (High BAC) results in the revocation of Pennsylvania driving privileges for 12 months.
• Alcohol Evaluation - Successful completion of a drug and alcohol assessment and program is required for reinstatement of Pennsylvania driving privileges.
• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a blood-alcohol concentration (BAC) of 0.04. A first time DUI or DWI conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license in Pennsylvania.

Accelerated Rehabilitative Disposition (ARD)

First time offenders are given a 30, 60, 90, 120, or 180 day license suspension. At the present time, ARD-related driver's license suspensions are handled by the Pennsylvania Department of Transportation (PennDOT). PennDOT will notify the defendant when and where to turn in his/her license when the suspension starts. The only suspension that the court handles is the 180-day ARD. It is the defendant's responsibility to complete all court-ordered treatment programs and to pay all court costs in full. When these have been completed, it is the defendant's responsibility to notify the Department of Court Records, Criminal Division to have his/her license restored.

Pennsylvania Interlock

Recently, Pennsylvania enacted Act 63 of 2000, the Ignition Interlock Act, which requires, in many instances, an interlock device to be placed upon the vehicle of a defendant who has been found guilty of a DUI (Driving Under the Influence) offense. This interlock system requires the defendant to blow into a device attached to the vehicle before he/she is able to drive the automobile.

Pennsylvania DUI Subsequent Offenses

Because penalties are increasingly more severe for any additional DUI violations and the complexity of DUI laws in Pennsylvania, you may not be aware of rights and options, including any defenses you might use. For this reason, an accomplished and professional defense attorney can guide you through this challenging process. Please contact a Pennsylvania DWI or DUI for a quick and easy consultation.