Significant Changes to Pennsylvania DUI Penalties

May 26, 2016
Attention drivers! Prepare yourself for several major updates to the DUI rules and regulations in the State of Pennsylvania. The legal experts at Logue Law Group have been carefully tracking these updates, and the situation is increasingly strict for anyone who makes the reckless choice to drink and drive. It is highly important to note that driving under the influence of certain prescription drugs—even when legally prescribed by your doctor—can also result in a serious DUI charge.

First-Time Offenders and Ignition Interlock Devices

October 3, 2017
Starting in August 2017, Pennsylvania enacted notable modifications to its DUI legislation, specifically targeting first-time offenders. If you are facing your initial DUI charge, you are now required to install a specialized ignition interlock device in your car. Before consulting a Mercer criminal lawyer to understand your rights, it is crucial to know exactly how this equipment functions. This machine actively measures your Blood Alcohol Content (BAC) before the vehicle will start. The driver must pay for this device, which analyzes your breath and only activates the engine if your BAC is below the legal limit of .08%. If a driver’s BAC is too high on the first attempt, the ignition interlock triggers a five-minute hold. A second failed attempt results in a thirty-minute lockout.

Driving Privileges and Employment

By installing this device, a first-time DUI offender can receive an ignition interlock license, allowing them to legally drive to work. This equipment must remain in the car for one full year. Authorized PennDOT mechanics handle the installation, which costs roughly $100 annually. If you find yourself navigating these complex rules, speaking with a skilled Mercer DUI attorney can clarify your legal responsibilities.

Past Penalties vs. Current Laws

• Previous Law: A first-time DUI conviction automatically triggered a one-year driver’s license suspension.
• New Law: Drivers who refuse a blood-alcohol test on their first offense can now install the interlock device and regain their driving privileges after a six-month suspension. Previously, this refusal caused a suspension lasting anywhere between one and 18 months.

To prevent drivers from bypassing the system, the device conducts random “rolling re-tests” while the car is moving. In the past, only repeat offenders needed these interlock devices, but now first-time offenders face this requirement as well.

The Reasoning Behind the Legislation

This legislative shift occurred because too many people lost their jobs due to suspended licenses. Without transportation, offenders faced severe financial hardships, struggling to pay fines or provide for their families. Many took the risk of driving with a suspended license, which only worsened their legal troubles. Furthermore, suspended parents could not attend family events or actively participate in children’s activities.

Harsher Penalties for Repeat Offenses and Fatalities

Update July 1, 2019
Additional Pennsylvania DUI laws went into effect on December 23, 2018. If you are dealing with these elevated charges, a Mercer criminal lawyer can help you navigate the severe consequences.

• Third High-DUI: A third High-DUI offense (BAC of 0.16 percent or higher) can now be classified as a felony.
• Fourth or Subsequent Offense: A fourth or subsequent DUI also results in felony charges.
• Fatalities: Causing a fatality while driving under the influence can lead to a first-degree felony, which includes an additional five years of prison time.

Increased Fines and Jail Time

Committing aggravated assault while driving without a license now adds two extra years to the prison term. Furthermore, driving under suspension from a prior DUI carries heavier penalties. If you need representation, a dedicated Mercer DUI attorney at Logue Law Group can defend you. A first offense for driving under suspension includes a minimum $500 fine and up to 60 days in jail. A second offense requires a minimum of 90 days in jail and a $1,000 fine.

For legal assistance, contact us today at 412.387.6901.