In Pennsylvania, if you are stopped by the police and determined to have a blood alcohol level of .08% or higher YOU WILL be charged with Driving Under the Influence (DUI). While such a charge is serious, the attorneys at AAAL - Allegheny Attorneys At Law will work with you to defend your rights while guiding you through the criminal justice system.

So either you or a loved one has been arrested by the Police and charged with Driving Under te Influence (DUI), however, this does NOT mean you are guilty! The attorneys at AAAL - Allegheny Attorneys At Law will review your case with you to determine your best available options including pursuing possible plea agreements with the District Attorneys Office that include:

1.) Accelerated Rehabilitative Disposition (ARD)
2.) Plea Disposition Quickly (PDQ)
3.) Alternative Housing in place of time served at the Allegheny County Jail
4.) Occupational License, “Bread & Butter License” through application to PENNDOT.

One of the main reasons you should challenge a DUI is because of the serious nature of the charge. A DUI conviction carries with it the possibility of jail time, steep fines and the loss of driving privileges. With the help of Allegheny Attorneys at Law, all aspects of your DUI charge will be scrutinized so that your rights will be protected. You cannot afford a DUI conviction because:

1.) Your car insurance rates WILL rise or your coverage may be canceled.
2.) The average court cost for DUI convictions are between $1,000 and $2,500.
3.) Your drivers license will be suspended from 30 days to one year.
4.) You can receive jail time either in Alternative Housing, at your cost, or Intermediate Punishment (an ankle bracelet).
5.) You may be required to have an Interlock Ignition switch installed in your vehicle at your own expense.

The traditional DUI stop (other than those made at a DUI checkpoint) often occurs because you have a committed some moving violation or your vehicle is not up to code.

Maybe you turned without signaling or your taillight is out. Either way, the police officer must have reasonable suspicion (some legitimate explanation based on his experience) to stop your vehicle. From the moment the officer initiates the stop, he or she is observing your actions to determine if you are intoxicated. The officer will be observing and scrutinizing odors coming from the vehicle, your speech, your attitude, clothing, the conduct of passengers as well as other physical evidence to make his initial determination of whether or not to proceed further with his DUI investigation.

If ordered out of your vehicle, the officer may employ several field sobriety tests to determine if you are intoxicated. These tests include the walk and turn, the one leg stand and various other counting or alphabet tests. If the officer determines that you may be under the influence, you most likely will be taken for either a blood or breath test to determine your exact blood alcohol level.

In the event your blood alcohol level exceeds 0.08% you will be arrested and charged with a DUI and most likely multiple other criminal and / or vehicular charges. At this point it is imperative that you immediately contact an attorney. The Attorneys at AAAL - Allegheny Attorneys At Law are available 24 hours a day, please contact us 412.731.0865 or by e-mail at Marc@AlleghenyAttorneys.com. We look forward to resolving your DUI and DUI related charges.

Pennsylvania has taken the position that a person’s Blood Alcohol Level (BAC) and number of the particular offense will dictate what punishment they will receive.

As of February 2, 2004 there are 3 categories a person will fall into based on the level of the alcohol in their system. There is .08-.099, .10 - .159, and .16 and higher included in this category are refusal to submit to a test. All of the categories require a Court Reporting Network (CRN) evaluation; the first and second offenders require Alcohol Highway Safety School. (AHSS). The first offense with a BAC .16 or higher and all subsequent offenses require a mandatory Drug and Alcohol (D&A) assessment and treatment. All second and subsequent offense requires the installation of an Ignition Interlock System.

FIRST OFFENSE (NO PRIOR PA DUI OFFENSES WITHIN THE LAST 10 YEARS)

BAC is .08 to .099. This is an ungraded misdemeanor with a 6 month maximum probation and a $300.00 fine. Required CRN, AHSS and possible D&A. There is no loss of license and no jail time with this particular category.

BAC is .10 to .159. This is an ungraded misdemeanor with a mandatory 48 hour imprisonment up to a possible 6 months and a $500.00 to $5,000.00 fine. Required CRN, AHSS and possible D&A. The license suspension is 12 months.

BAC is .16 or higher or refusal to give a blood or breath sample. This is ungraded misdemeanor with a mandatory 72 hour imprisonment up to a possible 6 months and a $1,000.00 to $5,000.00 fine. Required CRN, AHSS and mandatory full D&A. The license suspension is 12 months.

SECOND OFFENSE

BAC is .08 to .099. This is an ungraded misdemeanor with a mandatory 5 days imprisonment 6 month maximum jail sentence and a $300.00 to $2,500.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.

BAC is .10 to .159. This is ungraded misdemeanor with a mandatory 30 days imprisonment 6 month maximum jail sentence and a $750.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.

BAC is .16 or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 90 days imprisonment 5 year maximum jail sentence and a $ 1,500.00 to $10,000.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.

THIRD OFFENSE

BAC is .08 to .099. This is graded as misdemeanor of the Second Degree with a mandatory 10 days imprisonment 2 year maximum jail sentence and a $500.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC is .10 to .159. This is graded as a misdemeanor of the First Degree with a mandatory 90 days imprisonment 5 year maximum jail sentence and a $1,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC is .16 or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $ 2,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

FOURTH OFFENSE

BAC is .08 to .099. This is graded as misdemeanor of the Second Degree with a mandatory 10 days imprisonment 2 year maximum jail sentence and a $500.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC is .10 to .159. This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $1,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC is .16 or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $ 2,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.