DUI / DWI

Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) involves the unlawful operation of a motor vehicle while under the influence of alcohol or drugs.

DUI Defined:

The alcohol limit that will result in charges in the State of Pennsylvania is 0.08% and higher. Convicted offenders of a DUI are generally subject to a series of serious criminal and civil penalties, fines, rehabilitation, awareness programs and community service.

The level of alcohol content determined at the point of the charges being made has a significant impact on the types of charges that an offender is facing. The state of Pennsylvania has the following guidelines:

DUI with General Impairment for Offenders with Alcohol Concentration Between 0.08 to 0.099%

  • First Offense: Minimum of six months probation
  • Second Offense: Minimum of five days in jail
  • Third and Subsequent Offenses: Minimum of ten days in jail

DUI with High Rate of Alcohol for Offenders with Alcohol Concentration of 0.10 to 0.159%

  • First Offense: Minimum of 48 hours in jail
  • Second Offense: Minimum of 30 days in jail
  • Third Offense: Minimum of 90 days in jail
  • Subsequent Offenses: Minimum of one year in jail

DUI with the Highest Rate of Alcohol for Offenders with an Alcohol Concentration Higher than 0.16% or Controlled Substances Involved in the Altercation:

  • First Offense: Minimum of 72 hours in jail
  • Second Offense: Minimum of 90 days in jail
  • Third and Subsequent Offenses: Minimum of one year in jail

General Level of Charges for DUI and DWI Offenses:

  • In Pennsylvania a first time DUI is a misdemeanor offense but is often sentenced with serious penalties
  • DUI penalties include:
    • Court supervision
    • A 12-18 month driver’s license suspension
    • Court ordered alcohol and/or drug treatment
    • Fines for court costs
    • An ignition Inter-lock device installed on the offenders car

The primary factors impacting the amount of jail time an offender will receive will depend on any prior DUI offenses that occurred within 10 years of the current offense.

General Information to Know About DUI and DWI Offenses:

  • Convicted offenders can be offered the opportunity to join the Accelerated Rehabilitative Disposition Program which will avoid all jail time as well as provide for the potential to have the charge expunged from their criminal record with the successful completion of the program
  • A DUI offense can have an impact on employment and parenting rights
  • A DUI/DWI offense can occur as a result of a combination of alcohol and legal prescription medication, offenders should seek a legal professional as early in the process as possible to ensure legal rights are protected of the accused

Attorney Timothy Woodward has the experience you need to guide you throughout the legal process. With over 20 years of experience in the State of Pennsylvania while pursuing both state and federal criminal cases, Attorney Woodward brings the legal advice you need to help seek the best possible outcome for your case. For a consultation, please contact his office at (610) 279-1101 or through email.