After getting charged with driving under the influence, you may lose your driving privileges, depending on what happened during your unique situation. The first step after being charged with a DUI is to contact an experienced and empathetic attorney. At Chieppor & Egner, our Lancaster criminal defense lawyers help new clients understand their legal rights and options under Pennsylvania law, representing them during every stage of their criminal case.
BAC Levels in a Pennsylvania DUI Case
When facing a DUI charge, the severity of your punishment can be greatly affected by your blood alcohol content at the time of the incident. Pennsylvania uses a three-tier DUI system, which means the severity of the penalties increases with higher levels of impairment. The three tiers are:
- General impairment, for offenders with a BAC between 0.08% and 0.099%. For a first-time offender in this category, there is often no license suspension, especially if the case is handled through programs like ARD. However, other penalties such as fines, probation, or mandatory alcohol education may still apply.
- High rate of alcohol, for levels between 0.10% and 0.159%. At this level, Pennsylvania law treats the offense more seriously. If you are convicted of a first-time DUI in this range, you may face a 12-month license suspension, along with stricter penalties such as higher fines and possible jail time.
- Highest rate of alcohol, which applies to drivers with a BAC of 0.16% or higher, or those found to be under the influence of controlled substances. Even for a first offense, this level carries the most significant consequences. A conviction often results in a 12-month license suspension, in addition to mandatory treatment programs, substantial fines, and the possibility of incarceration.
The higher your BAC, the more severe the penalties under Pennsylvania law, including the likelihood and length of a license suspension.
Alternative Options for a First-Time DUI in Lancaster
If you are facing a first-time DUI in Pennsylvania, you may have several alternative options besides losing your license. One of the most common alternatives is the Accelerated Rehabilitative Disposition (ARD) program, which is designed for first-time, non-violent offenders. This pre-trial intervention program typically allows you to avoid jail time. During ARD, you may be required to:
- Complete probation
- Attend alcohol safety classes
- Undergo treatment for alcoholism
A major advantage of ARD is that once the program is completed, your charges may be dismissed, and you could be eligible for expungement. If ARD is not an option, the court may still impose probation instead of jail time, particularly for lower-level DUI offenses.
Contact a Trusted Criminal Defense Attorney in Lancaster Today
If you are facing a DUI charge for the first time, understanding how Pennsylvania handles these types of cases is essential. Attorneys Jonathan Chieppor and Alex Egner are both former prosecutors with years of experience in the courtroom. Contact Chieppor & Egner online or call 717-393-1400 to schedule a free consultation with our skilled Lancaster criminal defense lawyers. We serve clients residing throughout Lancaster County, Berks County, and York County.
