Major Change to Pennsylvania DUI Law

Pennsylvania is starting the New Year with a big change to the DUI Law. Effective December 24, 2018, a DUI can now be graded as a Felony. Here are the scenarios for a Felony (3) DUI:

  • You are charged with a DUI-Highest Rate (meaning your BAC is 0.16% or higher) for the third time in ten years.
  • You are charged with a DUI-Drugs for the third time in ten years.
  • You are charged with a DUI-High Rate (meaning your BAC is 0.10% to 0.159%) for the fourth time in ten years.
  • You are charged with a DUI-General Impairment (meaning you have no BAC) for the fourth time in ten years.

With the new grading comes new penalties. The maximum penalty for any felony of the third degree is 10 years in prison and a $15,000 fine. This penalty could potentially apply to any Felony (3) DUI. However, the law did not change the mandatory minimum penalties for a third offense DUI-Highest Rate or DUI-Drugs; the mandatory minimum penalty remains one year of prison and a $2,500 fine. Also, the mandatory minimum penalties for a fourth offense DUI-General Impairment and DUI-High Rate are the same as a third offense; ten days prison and a $500 and one year prison and a $1,500 fine respectively. The biggest and most impacting difference is the Felony (3) grading.

If you are convicted of a felony, you may lose important rights and privileges such as the right to bear arms or own guns, the right to vote, the right to serve on a jury, the ability to receive public social benefits, or even work in certain fields and professions. These are just some examples of the impacts of a felony conviction. There are many negative consequences that come from being a convicted felon. The bottom line: be smart about drinking and driving. The impact of getting a DUI can be life changing. If you find yourself in this scenario, then call Charlton Law so we can help.

DISCLAIMER: The information contained in this article is for general guidance on the subject matter only. The application and impact of laws can vary widely on the specific facts involved. It is possible that there are delays, omissions or inaccuracies in information in this article. Accordingly, the information provided in this article is provided with the understanding that the authors and publishers are not herein engaged in rendering legal or other professional advice and services.


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