Pennsylvania DUI First Offense

Many Pennsylvania drivers that are charged with a first offense DUI are not aware that they will be facing two separate charges: one in criminal court and the other a civil proceeding with PennDot. For the civil proceeding, you have 30 days to request a hearing otherwise the Department of Transportation will automatically suspend your license for one year.

When you are required to go to criminal court, the state will try to prosecute you in one of two ways. One way is that if you took a breath, blood or urine test and your blood alcohol content was over the state’s legal limit of .08% they will try to prove that you were in violation of a “per se” law. In this case, the prosecution does not have to prove that you were dangerous behind the wheel due to the officer observing poor driving or that you showed physical signs of being impaired.

Another way the prosecution may try to prove you were DUI is through the “under the influence” theory. Using the testimony of the arresting officer, your field sobriety test results and the officer’s observations of your driving and demeanor, they can try to prove that you were driving under the influence and that you were an unsafe behind the wheel.

Obviously the penalties for a first offense DUI are less severe than multiple offenses, however they are still serious. If your BAC was between .08% and .10% you’ll face a $300 fine upon conviction. You’ll also be sentenced to a maximum of six months probation.

If your BAC was over .10% but was under .16%, you’ll be required to spend a minimum sentence of 48 hours in jail—that’s if you’re convicted. The fine will increase to a range of $500 to $5,000 and your license will be suspended for 12 months.

If your BAC was higher than .16% and you are convicted you’ll face 72 hours in jail. The minimum fine now increases to the range of $1000 to $5000 and your license will be suspended for 12 months.

For a BAC over the legal limit, you’ll be required to attend Alcohol Highway Safety School, have a CRN evaluation and receive drug and alcohol treatment.