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Extreme DUI
What Constitutes an Extreme DUI?
An Extreme DUI is when a person’s Blood Alcohol Concentration (BAC) exceeds 0.10 percent, while the legal BAC limit is 0.08 percent in Pennsylvania. Extreme DUI convictions come with severe penalties and strict legal consequences.
Under Pennsylvania law, DUI offenses are categorized and punished according to the BAC level recorded at the time of the incident. These categories are as follows:
General Impairment (BAC 0.08%–0.09%)
- Jail Time: Up to six months
- Fines: Up to $300
- Additional Penalty: Mandatory installation of an ignition interlock device on the offender’s vehicle
High BAC (BAC 0.10%–0.159%)
- Jail Time: Two days to six months
- License Suspension: 12 months
- Fines: $500–$5,000
Highest BAC (BAC 0.16% or higher)
- Jail Time: 72 hours to six months
- License Suspension: 12 months
- Fines: $1,000–$5,000
For convictions of Extreme DUI offenses (classified as having a BAC of 0.10% or more), penalties escalate significantly. This includes heavier fines, extended periods of incarceration, and stricter legal repercussions if the drunk driving led to injuries.
Enhanced Sentencing for Extreme DUI in Erie County
For most DUI cases in Pennsylvania, the charges are treated as misdemeanors and typically result in prison terms of up to two years. However, an Extreme DUI offense may warrant enhanced punishments based on specific circumstances.
Factors that may lead to sentence enhancements include the following:
- Prior DUI offenses (e.g., conviction, preliminary disposition, juvenile consent decree, or acceptance of ARD)
- Refusal to take a breathalyzer or blood test
Courts review a defendant’s DUI history from the past 10 years during sentencing. Refusing to comply with blood or breath testing measures can add jail time and fines. However, the prosecution must legally prove the refusal to enforce enhanced penalties. Additionally, prior DUI convictions raise the severity of the charges, which can result in harsher punishments.
Key Legal Changes and Penalties for Repeat Offenders
Amendments to Pennsylvania DUI laws in December 2018 introduced stricter penalties for Extreme DUIs and repeat offenders. Notable changes include:
- Felony Classification: A BAC of 0.16% or higher is classified as a felony offense.
- Repeat Offenses: Individuals facing their fourth, fifth, or subsequent DUI charges will also face felony-level penalties.
- Causing Death: If drunk driving results in a fatality and the individual has a prior DUI record, it could lead to a first-degree felony charge.
Additional Sentence Enhancements:
- Driving Under Suspension or Without a License: Killing another person while driving drunk without a valid license can add an extra five years to one’s sentence.
- Aggravated Assault with No License: This offense could result in an additional two-year prison sentence.
Seeking Legal Representation in Erie County
Navigating DUI allegations, especially Extreme DUI cases, can be overwhelming. To improve your chances of a favorable outcome, it is crucial to work with legal professionals who are experienced in these matters. Sharing all the pertinent details with your Erie criminal lawyer ensures that they have the information needed to build the strongest possible defense for your case. A skilled attorney can explain the nature of your charges, present your available options, and guide you through each step of the legal process.
If you or someone close to you has been charged with Extreme DUI in Erie County, the experienced attorneys at Logue Law Group are here to help. We proudly serve clients throughout Erie County and surrounding areas, including parts of West Virginia and Ohio. Whether you need an Erie DUI attorney or legal consultation for another offense, our team is ready to assist.
Consult with Logue Law Group Today
Time is critical when facing DUI charges in Erie County. The sooner you act, the better your chances are of securing a favorable resolution. Call the Logue Law Group today at 844-PITT-DUI or contact us online to schedule your free initial consultation with a dedicated Erie criminal lawyer.
Don’t wait! Every moment you delay could limit your attorney’s ability to provide the best defense. Make the call now and take the first step toward resolving your case.