Is a DUI a Felony in PA?
What is a DUI in Pennsylvania?
Driving Under the Influence (DUI) is a criminal offense in Pennsylvania, commonly referred to as Driving While Under the Influence (DUI) or Driving While Intoxicated (DWI). The offense involves operating a motor vehicle while under the influence of alcohol or a controlled substance, and the severity of the consequences depends on various factors such as the offender’s BAC (blood alcohol concentration) level and any aggravating circumstances.
Felony vs. Misdemeanor in Pennsylvania DUI Offenses
In Pennsylvania, DUI offenses are divided into two categories: felonies and misdemeanors.
Misdemeanor DUI
- Fourth Degree Misdemeanor DUI: If a driver has a BAC level of 0.16 or higher, but less than 0.18, and no accident or bodily injury occurred, the offense is considered a fourth degree misdemeanor, punishable by up to 30 days in jail, up to a $500 fine, and a 30-day license suspension.
- Third Degree Misdemeanor DUI: If a driver has a BAC level of 0.16 or higher, and an accident occurred but no bodily injury, the offense is considered a third degree misdemeanor, punishable by up to 1 year in jail, up to a $2,500 fine, and a 30-day to 60-day license suspension.
Felony DUI in Pennsylvania
A DUI conviction becomes a felony if an offender:
- Kills or causes serious bodily injury to another person, such as another driver, pedestrian, or passenger (Second Degree Felony) (Maximum sentence: 10 to 40 years in prison, a fine of $5,000 to $50,000, and a permanent loss of driver’s license).
- Seriously injures or causes severe impairment to another person (Third Degree Felony) (Maximum sentence: 7 to 20 years in prison, a fine of $10,000 to $40,000, and a permanent loss of driver’s license).
Can a DUI in PA Lead to a Felony Arrest?
While most DUI cases are prosecuted as misdemeanors, circumstances can lead to a felony arrest:
- Repeat Offenses: If an offender has prior DUI convictions, especially multiple felony DUI convictions, the court may consider imposing more severe penalties, including felonies.
- High BAC: If an offender has a BAC level above 0.18, it may warrant a felony charge, regardless of whether an accident occurred or not.
- Aggravating Circumstances: DUIs resulting in accidents, injuries, or fatalities are more likely to be charged as felonies.
- Passenger Involvement: If an offender is DUI with a minor (younger than 18 years old) as a passenger, the court may view the offense more seriously.
Penalties and Consequences for DUI in Pennsylvania
The penalties and consequences for a DUI conviction in Pennsylvania include:
- Fines: Varying amounts up to $2,500
- Imprisonment: Ranging from up to 1 year in jail (misdemeanor) to 7 to 40 years in prison (felony)
- License Suspension: Up to 12 months, including 30 days without a limited permit
- Community Service: Requiring 150 hours or more
- Vehicle Seizure: Law enforcement can confiscate and auction an offender’s vehicle if they don’t pay related fees or if they’re repeat offenders
Prevention is the Best Course of Action
Prevention is always the best approach when it comes to avoiding a DUI. Never drive impaired or ride with an impaired driver. Make sure you and your friends have a plan to get home safely:
- Designate a sober driver in advance
- Plan ahead and have a designated driver or take a public transportation.
- Monitor your friends and let someone know where you’ll be
In conclusion, a DUI conviction in Pennsylvania can be either a misdemeanor or a felony, depending on the circumstances surrounding the arrest. While the consequences may be severe, preventive measures are always a better choice. Take the time to plan ahead and prioritize your safety, and the safety of others.
