Most DUI charges in Pennsylvania are misdemeanors. However, jail time is still a possibility for many DUI charges. If you’re facing a DUI charge in PA, you need to know what jail time is possible as well as how much time you’re likely to receive in your case. The criminal defense attorney team at Applebaum & Associates explains how long you go to jail for a DUI in Pennsylvania.
How much jail time do you get for a DUI conviction?
With no prior convictions and a low blood alcohol content, you may receive up to six months probation for a first DUI offense. However, if there are any aggravating factors, you may receive jail time. With aggravating factors, jail time may be up to five years.
What gets you jail time for a DUI in Pennsylvania?
First DUI offenders with a bodily alcohol content under .10 can expect to receive probation for their DUI offense. However, any of these aggravating factors may result in jail time:
- A prior DUI offense
- High bodily alcohol content (BAC)
- Someone hurt or killed
Prior DUI Offense
A prior DUI offense raises the minimum DUI penalties to at least five days in jail and up to six months in jail. There are also other penalties like a fine, alcohol safety school and an ignition interlock device. For two prior offenses, the charge rises to a second-degree misdemeanor with additional penalties.
High BAC
Even without a prior offense, a high bodily alcohol content increases jail time for DUI in Pennsylvania. With no prior offenses, a defendant faces a minimum of 48 hours in jail. The maximum jail time possible with no prior offenses is six months. If the bodily alcohol content is .16 or higher, the minimum jail time is 72 hours. Additional penalties also apply if the offender has a prior DUI offense. For two or more prior offenses and a high bodily alcohol content, the maximum possible prison term is five years.
Someone Hurt or Killed
A DUI causing injury or death may result in up to ten years in prison. Courts take charges of DUI causing injury or death extremely seriously. Working with a criminal defense attorney can help you address the possibility of serious jail time and other penalties that may accompany these charges.
Minimizing or Avoiding DUI Jail Time
If you’re faced with DUI charges, it might seem like all hope is lost. However, when you work with Applebaum & Associates, we can help you take the right steps to minimize the possibility of jail time and address your charges in the best way possible for your specific situation.
There are things that you can do to have the best chance to avoid jail time for your DUI charge. Challenging the evidence, working towards a favorable plea resolution, taking your case to trial and carefully preparing for a sentencing hearing are just a few ways that our criminal defense lawyers can help you minimize or avoid jail time. Contact our team today to start building your case.
