Sentencing

Drunk Driving Attorney Assisting Montgomery County Residents

Montgomery County DUI lawyer Zachary Cooper represents people in Philadelphia and many other areas of Pennsylvania who have been charged with driving under the influence of drugs or alcohol. Mr. Cooper is a former Assistant District Attorney who understands how police and prosecutors approach these cases. He can identify the weaknesses of the case against you and protect your rights with the tenacity that you deserve, seeking to have the charges dropped or reduced. If a conviction or a guilty plea proves unavoidable, Mr. Cooper can advocate for you during the sentencing phase in an effort to limit the penalties that may be imposed.

DUI Sentencing Guidelines in Pennsylvania

Drunk driving is a serious criminal charge that may lead to significant potential penalties and other consequences. These include fines, jail time, and the loss of your driver’s license. The penalties often become more severe for drivers who have been caught with a particularly high blood alcohol content (BAC), who have been involved in a DUI accident that harmed someone else, or who have been convicted of previous DUI offenses. It is important that a person charged with drunk driving in Pennsylvania seek the advice of a lawyer as soon in the process as possible to fight the charges head-on.

Pennsylvania DUI law operates under a tiered system. The specific penalties associated with a conviction depend on the circumstances, as explained in this chart:

Tier I General Impairment (BAC: .08% to .099%)

First Offense in 10 Years

Ungraded misdemeanor
Six months of probation maximum
$300 fine
Alcohol Highway Safety School
Compliance treatment

Second Offense in 10 Years

Ungraded misdemeanor
Five days to six months imprisonment
$300 - $2,500 fine
One-year license suspension
One-year ignition interlock
Alcohol Highway Safety School
Alcohol and drug assessment and compliance

Third Offense in 10 Years

Second degree misdemeanor
10 days to two years imprisonment
$500 - $5,000 fine
One-year license suspension
One-year ignition interlock
Alcohol Highway Safety School
Alcohol and drug assessment and compliance

Tier II High Rate of Alcohol (BAC: .10% to .159%)

Also includes:

Minors .02% or greater BAC Commercial .04% or greater BAC School .02% or greater BAC Commercial/school incapable of safe driving

First Offense in 10 Years

Ungraded misdemeanor
Two days to six months imprisonment
$500 - $5,000 fine
One year license suspension (occupational license available)
Alcohol Highway Safety School
Alcohol and drug assessment and compliance

Second Offense in 10 Years

Ungraded misdemeanor
Five days to six months imprisonment
$750 - $5,000 fine
One-year license suspension
One-year ignition interlock
Alcohol Highway Safety School
Alcohol and drug assessment and compliance

Third Offense in 10 Years

First degree misdemeanor
90 days to five years imprisonment
$1,500 - $10,000 fine
18 months license suspension
One-year ignition interlock
Alcohol Highway Safety School
Alcohol and drug assessment and compliance

Fourth Offense in 10 Years

First degree misdemeanor
One year to five years imprisonment
$1,500 - $10,000 fine
18 months license suspension
One-year ignition interlock
Alcohol Highway Safety School
Alcohol and drug assessment and compliance

Tier III Highest Rate of Alcohol (BAC: .16% and higher)

First Offense in 10 Years

Ungraded misdemeanor
Three days to six months imprisonment
$1,000 - $5,000 fine
One year license suspension (occupational license available)
Alcohol Highway Safety School
Alcohol and drug assessment and compliance

Second Offense in 10 Years

First degree misdemeanor
90 days to five years imprisonment
$1,500 - $10,000 fine
18 month license suspension
Alcohol Highway Safety School
Alcohol and drug assessment and compliance

Third Offense in 10 Years

First degree misdemeanor
One year to five years imprisonment
$2,500 - $10,000 fine
18 months license suspension
One-year ignition interlock
Alcohol Highway Safety School
Alcohol and drug assessment and compliance

As the chart shows, the three tiers of DUI charges in Pennsylvania are based on the driver’s BAC. Within those tiers, the penalties vary based on whether (and how many times) the driver has already been convicted of DUI within the last 10 years. There are also certain groups of drivers who may be subjected to enhanced penalties. For example, Pennsylvania takes drunk driving by minors very seriously, since they are not permitted to consume alcohol in the first place. Thus, an underage person who drinks and drives with a BAC of only .02 percent will be subject to elevated penalties under Tier II rather than Tier I. Commercial drivers similarly are treated differently from ordinary people behind the wheel. They may be subject to Tier II penalties if they drive with a BAC of only .04 percent or if they are deemed to be incapable of safe driving, even though Tier II penalties would be imposed on an ordinary driver only if they were found with a BAC of .10 percent or greater.

Discuss Your DUI Charge with a Montgomery County Lawyer

If you or a loved one has been charged with or is suspected of driving under the influence of alcohol or drugs, Montgomery County DUI attorney Zachary Cooper can help. Mr. Cooper’s experience as a former prosecutor in these cases gives him valuable insights when going into the courtroom on behalf of his clients. He represents people throughout the greater Philadelphia area, as well as in Bensalem, Allentown, Chester, West Chester, Easton, and other communities in Montgomery, Delaware, Bucks, Chester, Lehigh, Northampton, Lackawanna, Carbon, Luzerne, and Monroe Counties. Call (215) 542-0800 or contact us online to set up a free consultation with a drunk driving attorney.