Is a DUI in PA a Felony?
In the state of Pennsylvania, driving under the influence (DUI) is considered a serious offense that can have severe consequences. But, is a DUI in PA a felony? The answer is not a simple yes or no. In this article, we will delve into the laws surrounding DUI in Pennsylvania and explore the circumstances under which a DUI can be charged as a felony.
What is a DUI in Pennsylvania?
In Pennsylvania, a DUI is defined as driving a vehicle while impaired by alcohol or drugs. The state has a "per se" law, which means that a person can be convicted of DUI even if their blood alcohol concentration (BAC) is below the legal limit, if the prosecutor can show that the person was impaired by alcohol or drugs.
Penalties for DUI in Pennsylvania
The penalties for DUI in Pennsylvania depend on the number of prior convictions and the BAC level at the time of arrest. Here are the general penalties for DUI in Pennsylvania:
- First Offense:
- Fines: $500 to $5,000
- Imprisonment: 5 days to 6 months
- License Suspension: 12 to 18 months
- Mandatory Ignition Interlock (IIC)
- Second Offense:
- Fines: $1,000 to $5,000
- Imprisonment: 5 days to 5 years
- License Suspension: 18 months to 2 years
- Mandatory IIC
- Third Offense:
- Fines: $2,500 to $10,000
- Imprisonment: 10 days to 5 years
- License Suspension: 2 to 5 years
- Mandatory IIC
Is a DUI in PA a Felony?
In Pennsylvania, a DUI can be charged as a felony in certain circumstances. Here are the scenarios under which a DUI can be charged as a felony:
- **Aggravated DUI: A DUI can be charged as a felony if the person arrested has a BAC of 0.16% or higher. This is known as "aggravated DUI" and carries a minimum sentence of 5 days in jail and a maximum sentence of 5 years.
- **Refusal to Submit to Chemical Testing: If a person arrested for DUI refuses to submit to chemical testing, they can be charged with a felony. This is known as "refusal DUI" and carries a minimum sentence of 5 days in jail and a maximum sentence of 5 years.
- **Third or Subsequent Offense: If a person is arrested for their third or subsequent DUI, they can be charged with a felony. This is known as "repeated DUI" and carries a minimum sentence of 10 days in jail and a maximum sentence of 5 years.
Consequences of a Felony DUI Conviction
A felony DUI conviction in Pennsylvania can have severe consequences, including:
- Jail Time: Felony DUI convictions carry a minimum sentence of 5 days in jail and a maximum sentence of 5 years.
- Fines: Felony DUI convictions carry fines of up to $10,000.
- License Suspension: Felony DUI convictions result in a 2 to 5 year license suspension.
- IIC: Felony DUI convictions require the use of an ignition interlock device (IIC) for a minimum of 12 months.
- Criminal Record: A felony DUI conviction can remain on a person’s criminal record for the rest of their life, making it difficult to obtain employment, education, or housing.
Conclusion
In conclusion, a DUI in PA can be a felony in certain circumstances. The penalties for DUI in Pennsylvania are severe, and a felony conviction can have long-lasting consequences. It is important to understand the laws surrounding DUI in Pennsylvania and to seek legal advice if you are arrested for DUI.
Table: Penalties for DUI in Pennsylvania
| Offense | Fines | Imprisonment | License Suspension | IIC |
|---|---|---|---|---|
| First Offense | $500 to $5,000 | 5 days to 6 months | 12 to 18 months | Mandatory |
| Second Offense | $1,000 to $5,000 | 5 days to 5 years | 18 months to 2 years | Mandatory |
| Third Offense | $2,500 to $10,000 | 10 days to 5 years | 2 to 5 years | Mandatory |
| Aggravated DUI | N/A | 5 days to 5 years | N/A | N/A |
| Refusal DUI | N/A | 5 days to 5 years | N/A | N/A |
| Repeated DUI | N/A | 10 days to 5 years | N/A | N/A |
Bullets: Important Points to Remember
• A DUI in PA can be charged as a felony if the person arrested has a BAC of 0.16% or higher.
• A DUI in PA can be charged as a felony if the person arrested refuses to submit to chemical testing.
• A DUI in PA can be charged as a felony if the person arrested has two or more prior DUI convictions.
• A felony DUI conviction in PA carries a minimum sentence of 5 days in jail and a maximum sentence of 5 years.
• A felony DUI conviction in PA requires the use of an ignition interlock device (IIC) for a minimum of 12 months.
• A felony DUI conviction in PA can result in a 2 to 5 year license suspension.
