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Understanding Extreme DUI in Pennsylvania
A Blood Alcohol Concentration (BAC) over 0.10% is classified as an extreme DUI in Pennsylvania, where the legal limit is 0.08%. Extreme DUI convictions come with heavy penalties.
Pennsylvania DUI Classifications and Penalties
According to state law, DUI offenses are categorized based on a person’s BAC at the time of the offense, with varying consequences:
General Impairment
- BAC Range: 0.08% to 0.09%
- Penalties:
- Jail time up to six months.
- Fines up to $300.
- Mandatory ignition interlock device installation.
High BAC
- BAC Range: 0.10% to 0.159%
- Penalties:
- Imprisonment from two days to six months.
- 12-month license suspension.
- Fines ranging from $500 to $5,000.
Highest BAC
- BAC Range: 0.16% and above
- Penalties:
- Incarceration from 72 hours to six months.
- 12-month license suspension.
- Fines between $1,000 and $5,000.
Drivers convicted of extreme DUI may face even larger fines and extended jail terms. If they cause injury in an accident, the penalties increase further.
Enhancements for Extreme DUI Sentences
Most DUI charges in Pennsylvania are considered misdemeanors, carrying a potential two-year prison term. However, extreme DUI offenses can lead to enhanced penalties, influenced by prior offenses and circumstances such as:
- Previous offenses using preliminary disposition, conviction, ARD, or juvenile consent decree.
- Refusal to submit to a breathalyzer or blood test, which can trigger additional penalties.
During sentencing, the court considers any DUI convictions within the past ten years. Refusing a test can result in jail time and fines if proven by the prosecutor. Prior DUIs elevate the penalty category, increasing severity.
Recent Changes in DUI Laws
In December 2018, Pennsylvania introduced stricter DUI laws, especially for extreme and repeat offenders:
- Driving with a BAC above 0.016% is a felony.
- Fourth, fifth, or subsequent DUIs are also felonies.
- Causing a death while driving under the influence with prior offenses can lead to a first-degree felony charge.
- Additional five-year imprisonment for causing death while driving on a suspended or no license.
- Aggravated assault without a valid license can add two years to a sentence.
Seeking Legal Help
If facing an Extreme DUI charge in Kittanning, contact a knowledgeable Kittanning DUI attorney. The Logue Law Group serves Kittanning and neighboring areas in West Virginia and Ohio. Schedule a free consultation at 844-PITT-DUI or reach out online.
Act promptly! Delaying legal assistance may hinder obtaining a favorable outcome. Don’t wait—secure your defense today!