Serving Scranton, Tunkhannock, and Wyoming County
If you’ve been accused of a DUI here in Pennsylvania, you need a competent, dedicated and results-driven attorney and law firm that will fight for your rights, while ensuring the best possible outcome to your DUI case. Proudly serving the communities of Scranton, Clarks Summit and Northeastern Pennsylvania, you can count on the legal team at the Peters Law Firm to cut through the complexities and intricacies of the DUI laws of Pennsylvania, to present a robust and solid DUI defense for you. Pennsylvania’s Driving Under the Influence (DUI) laws are a complex, statutory scheme that has several interweaving parts. You WANT a former prosecutor at your side. First, Pennsylvania’s DUI laws are tiered based on the blood alcohol content (BAC) or controlled substance involved or whether the person refused to take a blood or urine test upon request where there is probable cause to suspect that a person was driving under the influence. Second, a major consideration within each tier is whether the DUI is a first, second, third, or a subsequent offense.
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The Pennsylvania Department of Transportation website outlines some of the factors affecting the cost of DUI offenses: “The costs associated with an impaired driving arrest can vary greatly depending on several factors, including blood alcohol content, location of arrest, and number of offenses. The effect on a driver’s wallet starts the moment they are stopped by police.” The site further adds: “One of the common misconceptions that impacts people when they are drinking is how much alcohol they are actually consuming. Whether it is a 12-ounce beer, a 5-ounce glass of wine, or a 1.5-ounce shot, they each constitute one drink.”
Click here to view the Pennsylvania Department of Transportation’s website as it further outlines of some of the approximate expenses associated with a DUI, including traffic fines and the towing of your vehicle.
Pennsylvania’s Driving Under the Influence (DUI) laws are undoubtedly complex and stringent. For a first DUI offense, you face a fine of $300, and there is no jail time. For your second DUI offense, you face the possibility of up to six months in jail, up to $2500 in fines, and a suspension of your driver’s license for up to 12 months. Your third DUI offense in the state of Pennsylvania is more serious than the first two offenses. You could potentially be in jail for two years and be required to pay up to $5,000 in fines. Your driver’s license could also be suspended for up to 12 months. Click here to view additional information on the Pennsylvania DOT Driver and Vehicle Services website.
The Pennsylvania DOT Driver and Vehicle Services further explains Act 24 as it pertains to residents of the state of Pennsylvania: “Act 24, which lowered Pennsylvania’s legal limit of alcohol from .10 to .08, was signed into law on September 30, 2003. The new Driving Under the Influence (DUI) Law creates a tiered approach toward DUI enforcement and treatment and includes many changes to the penalties, terms of suspension, fines, and other requirements. The combination of an individual’s Blood Alcohol Content (BAC) level and prior offenses determines the licensing requirements and penalties. The new law focuses on treatment for first-time DUI offenders, rather than strictly punishment and suspension.”
The State of Pennsylvania has three levels of DUI:
- General Impairment (.08 to .099% BAC)
- High BAC (.10 to .159% BAC)
- Highest BAC (.16% and higher)
The Pennsylvania DOT Driver and Vehicle Services adds that “Under the new DUI law, minors, commercial drivers, school vehicle or bus drivers, and offenders involved in an accident that injures someone or causes property damage may be subject to the high BAC penalties even if their BAC is not in the high category. Offenders who refuse breath or chemical testing may be subject to the highest BAC penalties.”
Bill Peters and the Peters Law Firm can build a sound DUI defense regardless of your accusations. Contact The Peters Law Firm at (570) 585-0707 for the sound legal representation you need and deserve!
Penalties can increase drastically based upon the number of prior DUI’s within a ten years period.
Finally, Pennsylvania has implemented a pre-trial diversion program called Accelerated Rehabilitative Disposition (ARD) for first-time non-violent offenders. To navigate these complex issues, you should consult a DUI Defense Lawyer the Peters Law Firm. It’s also important to have a DUI defense lawyer who knows and understands the nuances that exist within the different counties throughout Northeast Pennsylvania and the difference in penalties for DUI that occur on federal land that are prosecuted by the United States Attorney’s Office. We have the experience throughout the counties of Northeastern Pennsylvania and within the federal court system that prosecutes DUI.
The following description of Tiers shows the consequences when a person does not qualify for ARD, which decision is within the discretion of the District Attorney of the County in which the DUI occurs. Hire a DUI Defense Lawyer that understand these issues.