
Law Office of Mark Johns, Esquire |
Philadelphia DUI
In 2004 the state of Pennsylvania drastically changed their laws regarding Driving under the Influence conviction. The penalty an individual is facing is based upon the number of previous convictions and the amount of alcohol present in their blood at the time of arrest. A three tier system was introduced to rate their blood alcohol at the time of arrest. The tier system and amount of alcohol for each tier is presented below:
You should never plead guilty to a driving under the influence charge without first speaking with an attorney. A first time offender with a BAC below the .1 threshold will not face incarceration or the loss of their driver's license. However, an alcohol class shall be taken, you will face a maximum of 6 months probation and be forced to pay a fine of $300.00 and be assessed court fees.
A blood alcohol concentration of .1-.159 is going to result in jail time of 48 hours and the lost of your Pennsylvania drives license for 1 year. The fines shall be a minimum of $500 but can be elevated up to 5,000. An alcohol class shall be attended and a Drug and Alcohol assessment shall be given. If you were unlucky enough to have a BAC over 0.099, then you will be required to spend at least a couple of nights in jail and lose your driver's license for 1 year. It is best to contact a Philadelphia DUI lawyer ASAP.
The highest category of the tier is a BAC 0.16 and higher. Drivers that fall into this category can face jail time in the range of 72 hours-6 months. The fines begin at the $1,000.00 range and alcohol safety school is a requirement. Furthermore, a drug and alcohol assessment will be given.
Philadelphia gives first time offenders the ability to reduce the amount of time they may spend in jail and the amount of time their license is suspended by the Accelerated Rehabilitative Disposition program. The program consist of community service, drug and alcohol counseling and alcohol safety classes. A fee shall be assessed for the court cost, the ADR program and attendance of alcohol safety class. The admission into the ADR program is controlled by the prosecutor and only available for first time offenders. Click the link for additional information about Pennsylvania DUI laws
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