DUI Sentencing for First-Time and Multiple Offenses

October 22, 2011 (Press-News.org) DUI Sentencing for First-Time and Multiple Offenses

This summer, Ryan Dunn, star of the MTV show and movie series Jackass, was driving his car down West Goshen, Pennsylvania's Route 322. Possibly speeding, Dunn's 2007 Porsche 911 GT3 crashed over a guardrail. When authorities arrived, they found the vehicle engulfed in flames. Dunn and his passenger were killed. Further investigation revealed that Dunn's blood alcohol concentration (BAC) was .196, more than twice the state's legal limit.

While each state has statutory provisions designed to combat drunk driving, Pennsylvania has historically taken a hard line on driving under the influence (DUI) of alcohol and other substances. With widespread attention generated by events such as Dunn's catastrophic accident, those penalties have only increased in recent years.

Along with all other states, any Pennsylvania driver with a BAC of .08 or above is presumed too intoxicated to drive.

For first time offenders, a conviction for DUI may bring substance abuse treatment programs and alcohol highway safety school as sentencing options. Offenders also face fines of up to $300 and probation up to six months. Even for first offenders, a driver with a BAC of .10 or above faces license suspension and jail time.

For a second DUI offense within 10 years, the penalties increase. Offenders can lose their driver's license up to 12 months and potentially see up to 6 months in jail. Fines also increase up to $2,500. Judges could also choose to install an ignition interlock in the offender's vehicle, which prevents a car from starting unless the driver blows into the device to check for alcohol.

A third DUI arrest will result in a first degree misdemeanor charge. The same treatment and license suspension options exist, but fines and incarceration terms are much higher.

Pennsylvania also has a Zero Tolerance statute for underage drivers. Under the Zero Tolerance law, minors driving with blood alcohol levels of .02 will be prosecuted. Penalties increase for underage drivers found with BACs of .10 to .16, and increase again for BACs over .16. If the minor's drunk driving leads to a crash or injuries, penalties could be even more severe.

With the strict penalties now associated with a DUI those who are charged should immediately consult a criminal defense attorney to understand their rights.

Article provided by The Law Office of Henry S. Hilles, III
Visit us at http://www.hilleslaw.com