There are many events which can result in a drunk driving arrest. The precipitating events range from being caught in a speed trap, to being involved in a traffic accident, to being pulled over for a broken taillight. Those events can then lead to suspicion of drunk driving and a drunk driving arrest.

If you have been arrested, you may feel stress regarding your future options and whether or not you are facing jail time, or the loss of your driving privileges. That stress can be magnified if you have a previous DUI conviction on your record. One of the ways to relieve that stress is to understand the potential consequences of the charges you are facing.

In Pennsylvania, a drunk driving charge is called DUI, which stands for driving under the influence of alcohol or drugs. In most states there are two levels of DUI, charges, one of which is an aggravated DUI. In Pennsylvania, there are three levels of DUI offenses which are:

General Impairment defined as .08 percent blood alcohol concentration (BAC) up to .099 percent BAC
High BAC includes .10 percent up to .159 percent BAC
Highest BAC includes anything .16 percent or higher

The potential fines and penalties are then further segmented according to whether the arrest is a first offense, second offense, or third or subsequent offense. This means that there are three levels of DUI each of which will have different potential consequences based on any previous convictions. For example, a High BAC second DUI would be treated differently than would a Highest BAC second DUI.

The potential consequences for a General Impairment conviction (.08 percent to .099 percent BAC) as a second DUI are:

12-month driver’s license suspension
Alcohol highway safety school
Charged as an ungraded misdemeanor
Fine of $300-$2,500
Ignition interlock device for one year
Jail time of five days up to six months
Treatment when ordered by the court

An ungraded misdemeanor charge means that if you contest the case, you are not entitled to a jury trial. The potential consequences for a High BAC conviction (.10 percent to .159 percent BAC) as a second DUI are:

12-month driver’s license suspension
Alcohol highway safety school
Charged as an ungraded misdemeanor
Fine of $750-$5,000
Ignition interlock device for one year
Prison of 30 days up to six months
Treatment when ordered by the court

The potential consequences for a Highest BAC conviction (.16 percent and higher BAC) as a second DUI are:

18-month driver’s license suspension
Alcohol highway safety school
Charged as a 1st degree misdemeanor
Fine of $1,500-$10,000
ignition interlock device for one year
Prison of 90 days up to five years
Treatment when ordered by the court

It’s important to note that a driver’s license suspension is not the same as a revocation. If your license is revoked, you will need to re-take the driver’s test and re-apply for a driver’s license.

Finding the Help You Need

If you were arrested and charged with DUI, an attorney can help. The first option is typically to get the charges dropped, or to win an acquittal. Whether or not that happens will depend upon the facts of your case.

An additional option in Pennsylvania for a first offense DUI is to ask for inclusion in the Accelerated Rehabilitative Disposition (ARD) program. This is available for those with a first offense within 10 years, provided there were no serious injuries involved in the alleged offense and there were no passengers in the car under the age of 14. The ARD program for first offenders reduces some of the penalties of a DUI conviction, in exchange for more strenuous monitoring.