Do Pennsylvania DUI Penalties Include Incarceration?

There are DUI laws in every state that mandate anywhere from 48 hours of jail time to terms of incarceration lasting 12 to 15 years. The only differences lie in what state the offense has taken place in, the number of prior offenses the defendant might have on his or her criminal record, and the outcome of the DUI the individual was arrested for. In addition, if the DUI the defendant committed resulted in an accident causing injury or death, the individual faces much more serious DUI charges than he would had the defendant simply been pulled over.  So, what are the rules for PA DUI penalties and do these penalties include incarceration?

PA DUI Penalties and Incarceration

The state of Pennsylvania is no different than any other state in that if a person is pulled over and the officer determines that the individual is under the influence of alcohol or other substance, the officer has the authority to immediately place the individual under arrest for DUI.

• In order to charge the DUI to the person on a per se basis in PA, the officer will have had to test the individual by using a breath, blood, or urine testing mechanism to determine whether or not the individual is indeed over the 0.08% BAC limit 

Possible Penalties for DUI in Pennsylvania 

The penalties that a Pennsylvania criminal court may impose on a defendant found guilty of DUI, whether under the officer’s judgment or under the per se filing, vary. The penalty imposed will always depend directly on the amount of intoxicant found to be in a defendant’s bloodstream, and most of the penalties follow specific guidelines. For example, usually, a Pennsylvania court will use the number of offenses the individual has committed in the past as determinative of the penalties assessed.

• In many first offense cases, the defendant isn’t typically sentenced to a term of imprisonment longer than the one he or she was subject to during his wait to go before a judge, even though the court may sentence the individual to a jail sentence that lasts up to 6 months. 
• However, if the incident caused an accident or the BAC of the defendant was found to be much higher than the legal limit, the defendant may be charged with a gross or aggravated DUI, which may heighten the sentence drastically, especially in cases where the DUI caused an injury to another person. 

This means, however, that any DUI conviction may result in the incarceration of the individual who is convicted of the offense. 

Getting Help

If you are facing DUI charges in Pennsylvania, you should contact a qualified lawyer. Your attorney can help you to understand the penalties you may be faced with and can assist you in taking steps to minimize your jail time.