Major Updates to DUI Penalties in Pennsylvania
Important Changes to DUI Laws. Effective August 2017: Pennsylvania revised its DUI regulations, especially impacting first-time offenders:
- Ignition Interlock Device Requirement: First-time DUI offenders must now install an ignition interlock device in their vehicles. This device checks the driver’s Blood Alcohol Content (BAC) before the car can start. The offender bears the cost, approximately $100 annually.
- Functionality of the Device: The device tests the driver’s breath and only permits ignition when BAC is below .08%. If the BAC is too high, the device initiates a five-minute lockout. A second failed attempt leads to a 30-minute lockout.
- Driving Permissions: Offenders can drive to work if they have an ignition interlock license. The device must remain installed for one year.
- License Suspension Adjustment: Previously, first-time DUI convictions led to a one-year license suspension. Now, refusing a blood-alcohol test results in a six-month suspension, after which the interlock can be used to regain driving privileges.
- Random Testing: The device performs random breath tests while the vehicle is operational to prevent cheating.
Expanded Use of Ignition Interlocks
- For First-Time Offenders: Initially for repeat offenders, these devices are now mandatory for first-time DUI offenders.
- Job Security Considerations: The law change aims to address employment issues resulting from license suspensions, as many faced job loss due to lack of reliable transportation.
- Family Impact: License suspensions impacted parental responsibilities, preventing participation in family events and children’s activities.
New Penalties Effective December 23, 2018
- Third High-DUI Offense: A BAC of 0.16% or higher can lead to a felony charge.
- Fourth or Subsequent DUI: Also subject to felony charges.
- Fatalities and DUI: Causing a fatality under the influence leads to a first-degree felony with an additional five years of imprisonment.
- Aggravated Assault and Driving Without a License: Increased penalties include an extended two-year prison term for aggravated assault.
- Higher Fines and Jail Terms: Driving under suspension from a previous DUI now incurs:
- First Offense: Minimum $500 fine and up to 60 days in jail.
- Second Offense: Minimum 90 days in jail and a $1,000 fine.
These extensive updates reflect Pennsylvania’s commitment to reducing DUI incidents through stricter regulations and penalties.
For a free consultation with one of our esteemed Kittanning criminal attorneys in the Kittanning area, contact us online or call (844) PITT-DUI. Protecting your legal rights with our Logue Law Group, your peace of mind is our priority.