Wednesday, February 22, 2012

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Alcohol Crimes

alcohol-crimes-001DUI (Driving under the influence), DUS (Driving under suspension) and other Traffic Violations may seem like small matters, but they can lead to big problems and even jail time if not handled properly.

 

We have the knowledge and expertise to guide you through this process and to ensure that you are provided with the best possible option and solution.

We can help with any and all traffic and alcohol related charges and penalties including but not limited to:

  • Driving Under the Influence
  • Public Drunkenness
  • Underage Consumption or Sale
  • Driving Under Suspension
  • And any and all Other Traffic and Alcohol Related Matters

Penalties for DUI Offenses

alcohol-crimes-002The Driving Under the Influence (DUI) Law in Pennsylvania uses a three tiered approach toward DUI enforcement and treatment, and includes many changes to the penalties, terms of suspension, fines and other requirements.

The combination of an individual's Blood Alcohol Content (BAC) level, and prior offenses, determines the licensing requirements and penalties.

There are now three levels of DUI:

  1. General Impairment (.08 to .099% BAC)
  2. High BAC (.10 to .159% BAC)
  3. Highest BAC (.16% and higher)

General Impairment penalties (Undetermined BAC, .08 to .099% BAC)

Penalty First Offense Second Offense Third Offense
Sentence 6 Months Probation 5 days to 6 Months in Prison 10 days to 2 Years in Prison
Fine $300 $300 to $2500 $500 to $5000
License No Suspension 12 Month Suspension 12 Month Suspension

High BAC Penalties (.10 to .159% BAC)

Penalty First Offense Second Offense Third Offense
Sentence 2 Days to 6 Months Prison 30 Days to 6 Months Prison 90 Days to 5 Years Prison
Fine $500 to $5000 $750 to $5000 $1,500 to $10,000
License 12 Month Suspension 12 Month Suspension 18 Month Suspension

Highest BAC Penalties (.16 and Higher) or Controlled Substance

Penalty First Offense Second Offense Third Offense
Sentence 3 Days to 6 Months in Prison 90 Days to 5 Years in Prison 1 Year to 5 Years in Prison
Fine $1000 to $5000 $1500 $2500
License 12 Month Suspension 18 Month Suspension 18 Month Suspension

Traffic Violation Points

  • Failure to obey an authorized person directing traffic: 2 points
  • Not stopping at a red light: 3 points
  • Ignoring a flashing red light: 3 points
  • Failure to yield half of roadway to oncoming traffic: 3 points
  • Improper passing on a hill: 4 points
  • Tailgating: 3 points
  • All failures to yield: 3 points
  • Ignoring approaching train signals: 2 points
  • Circumventing train gates: 4 points and a 30-day suspension
  • Not stopping for a school bus with flashing red lights: 5 points and 60-day suspension
  • Not stopping when entering from an alley, driveway, or building: 3 points
  • Exceeding the speed limit by six to 10 mph: 2 points
  • Exceeding the speed limit by 11 to 15 mph: 3 points and a 15-day suspension if in a work zone
  • Exceeding the speed limit by 16 to 25 mph: 4 points and a 15-day suspension if in a work zone
  • Exceeding the speed limit by 26 to 30 mph: 5 points and a 15-day suspension if in a work zone
  • Exceeding the speed limit by 31 mph or more: 5 points, a 15-day suspension if in a work zone, and possible other penalties as determined by a hearing examiner
  • Challenging posted school zone speed limit: 3 points
  • Not yielding to pedestrian in crosswalk: 2 points
  • Not yielding to blind pedestrian: 3 points
  • Improper backing: 3 points
  • Careless driving: 3 points
  • Leaving the scene of an accident that results in property damage: 4 points

Contact Miller Law Associates for a Free Consultation


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Disclaimer: The material on this website is for informational purposes only. Miller Law Associates practices law exclusively in the State of Pennsylvania. Miller Law Associates does not practice law in any other State. Written materials should not be sent to the law offices of Miller Law Associates until you have spoken to, or otherwise communicated our firm. Miller Law Associates cannot consider you a client until we have consulted and met with you personally, and an agreement toward representation is reached by both parties. Please keep in mind, that there are many different types of cases, all cases are unique and legal authority pertaining to every case can and does change. It is also important to remember that prior results, success or otherwise, cannot and does not guarantee similar outcomes with respect to any future matter in which any lawyer or law firm may be retained. To the extent that this website discusses past cases our firm has handled, or in any way mentions the firm or its services, Pennsylvania courts may deem this to be attorney advertising.