When is a DUI a felony in PA?
Pennsylvania Felony DUI comes in four types:
- 3rd DUI Highest Rate,
- all 4th offenses,
- Aggravated Assault By Vehicle while DUI, and
- Homicide by Vehicle while DUI
We call these the “no mercy” cases. Because when the government charges these crimes, they look to give no mercy. They believe that you are a very bad person who is bent on being a “drunken one ton missile” on the road. There are so many consequences that come with a Felony in PA that you have to fight these charges.
Additional recommended reading:
Felony Conviction Consequences in Pennsylvania
Third Offense DUI Felony
The following chart shows the mandatory minimum, the fines, costs and other punishments that happen when there is a conviction for a DUI 3rd as a Felony:
3. Highest Impairment
Criteria
- BAC of .16% or higher
- Controlled substance DUI
- Refusal to submit to a breath test or refusal to submit to a valid search warrant for blood
Penalties
- Felony of the Third Degree
- 1 year mandatory minimum and a maximum sentence of up to 7 years in prison.
Sentence to be served consecutively to any other sentence. - License suspension for 18 months (interlock eligibility after 9 months)
- Ignition interlock for an additional year
- Fines up to $15,000
- DNA sampling and placed into FBI database forever
- various fees and costs not less than $1000
Fourth Offense DUI Felony
The following chart shows the mandatory minimum, the fines, costs and other punishments that happen when there is a conviction for a DUI 4th as a Felony:
1. General Impairment
Criteria
- B.A.C. between .08 and .099%
- No property damage or injury
- Incapable of safe driving
- Refusal to take a chemical test
Penalties
- Felony of the Third Degree
Starting on 11/08/2022: Felony of the Second Degree - Prison sentence of 1 year to 7 years
Starting on 11/08/2022: Prison sentence of 5 to 10 years. Sentence to be served consecutively to any other sentence. - License suspension for 18 months (Interlock available after 9 months)
- 1 year interlock
- Fines up to $15,000
Starting on 11/08/2022: Fines up to $25,000 - DNA sampling and placed into FBI database forever
- various fees and costs not less than $3000
2. High Impairment
Criteria
- BAC between .10 and 0.159%
- General BAC with an accident or injury
- School Bus Driver with BAC between 0.02% and .159%
- Commercial Vehicle with BAC between .04% and 0.159%
- Minor B.A.C.= .02% to .159%
Penalties
- Felony of the Third Degree
Starting on 11/08/2022: Felony of the Second Degree - Prison sentence of 1 year to 7 years
Starting on 11/08/2022: Prison sentence of 5 to 10 years. Sentence to be served consecutively to any other sentence. - License suspension for 18 months (Interlock available after 9 months)
- 1 year interlock
- Fines up to $15,000
Starting on 11/08/2022: Fines up to $25,000 - DNA sampling and placed into FBI database forever
- various fees and costs not less than $4000
3. Highest Impairment
Criteria
- BAC of .16% or higher
- Controlled substance DUI
Penalties
- Felony of the Third Degree
Starting on 11/08/2022: Felony of the Second Degree - Prison sentence of 1 year to 7 years
Starting on 11/08/2022: Prison sentence of 5 to 10 years. Sentence to be served consecutively to any other sentence. - License suspension for 18 months (Interlock available after 9 months)
- 1 year interlock
- Fines up to $15,000
Starting on 11/08/2022: Fines up to $25,000 - DNA sampling and placed into FBI database forever
- various fees and costs not less than $5000
How much will it cost to defend a Felony DUI in PA?
A felony DUI charge in Pennsylvania is the fight for your future. Remember there is no work release in the state prison system. So, any sentence that’s minimum is a year or more, you go to one of several hardcore state jails, called State Correctional Institutes. That’s where the violent felons go. You are not a bad person. You should not have to go to prison, especially a State Correctional Institute. Call us today. Don’t wait.
Additional recommended reading:
Get an attorney right now
As you can see, the penalties of a Pennsylvania Felony DUI are heart attack serious. If you find yourself accused of a Pennsylvania Felony DUI, the experienced DUI lawyers at The McShane Firm can help to minimize or eliminate the charges against you.
Additional recommended reading:
- Problems with DUI Blood Tests in Pennsylvania
- Pennsylvania DUI Laws and your Professional License (Military too)
- CDL holder and DUI charges
- Pennsylvania DUI FAQ (Free Information, Easy to Understand)
- PA DUI Blog
- Free PA DUI Info (Easy to Understand Language)
- DUI Lawyer Costs
- DUI Trial Procedure
- Pennsylvania DUI Attorneys
- Pennsylvania DUI Laws and your Professional License
- How To Find The Best DUI Lawyer in Pennsylvania
2nd DUI With Refusal
I couldn’t have asked for a better attorney than Tim. He was so patient with me through the whole process and answered every question I had regardless of how stupid they were. This was my second DUI in 4 years and I refused any testing which calls for an automatic license suspension. Tim fought Penndot on the refusal charge and won and also took my DUI case to trial and won. NOT GUILTY on everything. He is worth every penny I spent. If you are looking for a great attorney I would highly recommend Tim.
Jodie
DUI
Justin McShane and his entire staff made me feel like they took my case personally and really cared about a suitable outcome of my case. All my calls and questions and emails were answered very quickly. I would highly recommend The McShane Firm for any representation.
C.A.
The best of the best in DUI cases. Worth every penny. 8 years later and I still can’t thank you guys enough.
T.M.
Best DUI Defense in PA
I was falsely accused of Driving Under the Influence with Reckless Endangerment of my young son in the car. I was in jeopardy of losing custody of my only child. Thanks to Tim, this tragedy was avoided. Tim strategically fought for me to convince the jurors that the Commonwealth’s witnesses should not be believed. He used his experience to ‘splain the truth to the jury. With just the right balance of charm, mild indignation, logic, truth telling, humor, personal anecdotes, relationship building, power of persuasion, professional acumen, trial experience, and so much more, Tim achieved success for me. He’s worth every penny. Tim did great, and I’ll always be grateful!
