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
DUI
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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.
