Pennsylvania Felony DUI Charge

 
Felony-DUI-PA

When is a DUI a felony in PA?

Pennsylvania Felony DUI comes in four types:

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: