DUI or Driving Under Influence is considered a serious crime in every state of the USA, and Pennsylvania is no exception to it. It is common knowledge that a DUI conviction can lead to harsh legal penalties, but the question that arises in every offender’s mind is whether they will have to serve jail time for their first DUI offence in PA. In this blog, we will try to answer this question and also debunk some commonly held myths about DUI sentencing in PA.
First and foremost, it is important to mention that the legal penalties for a DUI conviction vary depending on a range of factors like the offender’s blood alcohol content (BAC), previous criminal record, and the presence of any aggravating circumstances like a car accident or property damage. Therefore, it’s difficult to come up with a definitive answer to the question of jail time for a first DUI offender in PA. However, let’s look at some general guidelines that are followed by most courts in PA.
According to Pennsylvania’s DUI laws, a first-time offender may face a jail sentence ranging from 48 hours to six months, depending on their BAC level and other aggravating factors. However, most first-time offenders are usually sentenced to probation, fines, and alcohol treatment programs rather than serving jail time. The duration of probation can range from six months to five years, depending on the severity of the offence. Nevertheless, it’s essential to remember that each DUI case is different, and the judge may exercise discretion while deciding on the sentence.
The offender’s BAC level is an essential factor in determining the length and severity of the DUI sentence. In PA, if the BAC level of a first-time DUI offender is between .08% to .099%, they can face a jail term ranging from 48 hours to six months. However, if their BAC is between .10% to 0.159%, the jail term can extend up to six months. If the BAC level is above 0.16%, it can lead to a jail sentence of six to twelve months. However, most first-time DUI offenders, having BAC levels under 0.16%, are usually not sentenced to jail time and are granted probation instead.
It is a common myth that first-time DUI offenders are never sentenced to jail time, and they are just given a slap on the wrist. However, it’s essential to mention that the legal system in PA takes DUI cases very seriously, and a first-time offender can face stringent penalties like license suspension, ignition interlock systems, fines, and community service apart from probation. In some cases, the judge may impose a combination of these penalties along with jail time.
Finally, it’s important to mention that it’s advisable to hire a well-qualified DUI attorney to represent you in court. They can assess your case and provide legal guidance about your legal options to avoid or reduce a jail sentence. Additionally, a DUI attorney may be able to negotiate with the prosecutor for a plea bargain, which can reduce the charges and penalties.
In conclusion, a first-time DUI offender in PA may or may not serve jail time depending on the circumstances surrounding their case. However, it’s essential to remember that DUI charges are serious criminal offences, and the offender must seek legal help to reduce or avoid the penalties. Hiring a proficient DUI attorney can be an excellent step towards ensuring a favorable legal outcome. Hence, it’s critical to take the charges of DUI seriously and act promptly towards mitigating the legal repercussions.
You need more than just one good DUI lawyer. You need the best. You need a team of experienced DUI lawyers fighting for you. Contact Lee Ciccarelli, and his team of West Chester, Pennsylvania DUI lawyers.Watch out. There’s a lot of former prosecutors boasting about their experience: experience putting people just like you behind bars. Instead, look to Lee Ciccarelli and his team with nearly 100 years of experience fighting for clients facing the penalties of a DUI.
Contact Chester County DUI Defense Attorney
It may be possible to fight your Pennsylvania DUI charge and win, but you’ll never know if you plead guilty without first exploring your options. Ciccarelli Law Offices can review your case to determine whether the local Pennsylvania district attorney’s case has weaknesses that are open to challenge. We will prepare each case as though it is going to trial to insure preparation and thorough understanding and will take the case to trial if you are not satisfied with the resolution that is offered. We strive to be zealous advocates and always try to obtain the best results for our clients.
We are based in West Chester PA (Chester County) in Suburban Philadelphia and represent individuals charged with Drunk Driving, DUI, Driving After Imbibing cases Throughout Pennsylvania including but not limited to Philadelphia, Lancaster, Allentown, Oxford Exton Phoenixville Parkesburg Malvern Coatesville Lionville Chesterbrook Devon Newtown Square Glen Mills Pottstown Downingtown Kennett Square King of Prussia Paoli and beyond.
You deserve a West Chester Pennsylvania DUI lawyer that is available when you need him, treats you with respect, and protects your rights vigorously. For more information or to schedule an appointment with an experienced Pennsylvania DUI Attorney at Ciccarelli Law Offices, by contacting us at (610) 692-8700 or toll free at (877) 529-2422.