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In Pennsylvania, punishment for a DUI is based on the blood-alcohol level (BAC) and the number of prior DUI the person has had. With the changes in the DUI law in 2004, there are now 3 categories for DUI based upon blood-alcohol level (BAC)
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PENNSYLVANIA DUI LAW CHANGES EFFECTIVE 2018 WWW.ALLENTOWNCRIMINALLAW.COM
1ST OFFENSE DUI (NO PRIOR DUI OFFENSES WITHIN THE LAST 10 YEARS) BAC is .08% to .099%. This carries a 6-month maximum probation and a $300.00 fine. No license suspension and no jail time. BAC is .10% to .159%. Mandatory 48-hour imprisonment up to a possible 6 months and a fine of between $500.00 to $5,000.00. In certain counties, the defense attorney can negotiate a period of house arrest rather than incarceration. License suspension is 12 months. However, there is a possibility (not guaranteed) to get an Occupational Limited License (OLL) after serving 2 months of suspension. WWW.ALLENTOWNCRIMINALLAW.COM
2ND OFFENSE DUI BAC is .08% to .099%. Mandatory 5 days imprisonment up to a possible 6 months and a fine of between $300.00 and $2,500.00. In certain counties, the defense attorney can negotiate a period of house arrest rather than incarceration. License suspension is 12 months. BAC is .10% to .159%. Mandatory 30 days imprisonment up to a possible 6-month maximum jail sentence and a fine of between $750.00 and $5,000.00. In certain counties, the defense attorney can negotiate a period of house arrest rather than incarceration. The license suspension is 12 months. WWW.ALLENTOWNCRIMINALLAW.COM
3RD OFFENSE DUI BAC is .08% to .099%. Mandatory 10 days imprisonment up to a 2-year maximum jail sentence and a fine between $500.00 to $5,000.00. In certain counties, the defense attorney can negotiate a period of house arrest rather than incarceration. License suspension is for 12 months. BAC is .10% to .159%. Mandatory 90 days imprisonment up to 5 year maximum jail sentence and a fine between $1,500.00 to $10,000.00. In certain counties, the defense attorney can negotiate a period of house arrest rather than incarceration. License suspension is for 18 months. WWW.ALLENTOWNCRIMINALLAW.COM
4TH OFFENSE DUI BAC is .08% to .099%. Mandatory 10 days imprisonment up to 2 years maximum jail sentence and a fine between $500.00 to $5,000.00. License suspension is for 12 months. BAC is .10% to .159%. Mandatory 1-year imprisonment up to 5- year maximum jail sentence and fine between $1,500.00 to $10,000.00. License suspension is for 18 months. BAC is .16% or higher or a refusal. Mandatory 1-year imprisonment up to 5-year maximum jail sentence and a fine between $2,500.00 to $10,000.00. The license suspension is for 18 months WWW.ALLENTOWNCRIMINALLAW.COM
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