DUI 101
DUI 101:
Below is a description of issues related to DUI charges.The DUI ChargesDUI charges come in two basic types: Charges based upon blood alcohol content (BAC) and charges based upon the observations of a police officer (i.e. the driver has an unknown BAC, but the police officer believes that the driver is incapable of safe driving). A DUI charge can be classified, in increasing levels of severity of the penalty, as an ungraded misdemeanor, misdemeanor of the first degree, second degree or third degree. Charges Based Upon BAC Levels.
In Pennsylvania, the general rule is that it is a violation of the Motor Vehicle Code for an adult to have a BAC of .08% or greater within 2 hours after driving. The punishment or sentence for a violation of this section of the Motor Vehicle Code is based upon where a driver falls in the following three BAC categories as follows:
- .08% to less than .10%: Minimum 6 months probation, fine $300.00
- .10% to less than .16%: Minimum 48 hours imprisonment, fine $500.00 to $5000.00
- .16% or greater: Minimum 72 hours imprisonment, fine $1000.00 to $5000.00
NOTE: These sentences apply to first time DUI offenses only and can change based upon a number of factors. Sentences also include a requirement that the person undergo drug and alcohol evaluation and comply with all drug and alcohol treatment as ordered by the court.Delta can often negotiate a plea agreement that is less than the sentences identified above for first time DUI offenses if the person qualifies for special first time offender programs. These categories differ for minors (individuals under 18 years old) and individuals operating a school vehicle, school bus or commercial vehicle. For minors, a violation occurs if the BAC is .02% or higher. For school vehicle drivers and school bus drivers a violation occurs if the BAC is .02% or higher and for commercial drivers a violation occurs if the BAC is .04% or higher.
