PA DUI Charges – Over .16 BAC

DUI Charges with Over .16 BAC in Pennsylvania

Information on What Happens When Charged with DUI over .16 Blood Alcohol Content in PA

If you were charged with DUI Over .16 in Pennsylvania you face the highest penalties possible. If you refused to submit a chemical test or breath test after your arrest or if you were charged with DUI of a Controlled Substance, you also face the same penalties as having a blood alcohol content level over .16%, which is considered the “highest tier” or “third tier”.

Any type of DUI charge in Pennsylvania can have devastating penalties and consequences if you are convicted – losing your driver’s license, a criminal record, potential jail time and court costs can cause great stress and inconvenience.

A criminal record can also have a deeper impact on your future – gaining employment, finding housing, and higher auto insurance premiums are just a few.

Pennsylvania breaks down the penalties for a DUI conviction into tiers, and if your blood alcohol level (BAC) was over .16, the penalties are at the highest tier.

DUI is also known as drunk driving, DWI (driving while intoxicated), and driving under the influence of drugs or alcohol (a controlled substance).

Penalties for a DUI conviction over .16 in Pennsylvania for a first offense include:

      • A $5,000 fine;
      • Up to six months in jail;
      • A license suspension of one year.

A second conviction will have even tougher penalties. If you previously completed the ARD program, another DUI arrest will be considered your second DUI charge.

A third DUI conviction can result in a felony 2 or felony 3 on your criminal record, up to ten years in prison, up to $25,000 in fines, and an 18-month license suspension.

However, not every DUI arrest ends up as a DUI conviction – it is important to speak with an experienced DUI attorney as soon as possible to go over your options to fight for your charges to be either reduced or dropped altogether.

An Arrest is Not a Conviction

There are many options to fight and win a DUI case in court, reduce the charges, and/or keep them off your record.

Attorney Saadzoi can help. She is an experienced and aggressive DUI attorney who will work with you to help you understand your rights, the penalties you face, and how to defend your freedom.

Attorney Wana Saadzoi has extensive knowledge of the legal system and DUI court process in Delaware County and understands what it takes to fight and win against a DUI arrest in Pennsylvania.

Saadzoi Law offers free consultations to anyone charged with DUI in Delaware County PA.

Do Not Fight DUI Charges Alone
Call Today for a Free Legal Case Evaluation

Call Media, PA DUI Attorney Wana Saadzoi

Delaware County, PA | Chester County, PA | Montgomery County, PA

What Happens After a DUI Arrest in Pennsylvania?

The first thing that will happen is you will receive a summons in the mail that will have your court date and time. This is known as the preliminary hearing and usually takes place within three to ten days of arrest.

As soon as you are charged with DUI, you should call an attorney for a free consultation. If you don’t know the court date and time for your preliminary hearing, our attorneys will be able to find that information for you. A DUI attorney will also be able to help you determine if you are eligible for a diversionary program like the ARD program.

You will also be required to schedule a CRN Evaluation in Delaware County. Every person charged with DUI is required to take this drug and alcohol assessment.  The cost is $70 and takes about 30 minutes to complete.

To schedule the CRN evaluation on office cases call 610-892-3226. See the Delaware County PA Government Diagnostic Services website for more information.

Typically, when charged with DUI in Delaware County, PA you will face the following procedures:

    • You will receive a summons in the mail for your court date and time (assuming your mailing address is in sync with what the police have on file.)
    • You must attend the court date or hire an attorney to help you determine if you have to attend the court date or if the attorney can attend on your behalf. This court date is known as the Preliminary Hearing. Here, the judge will decide whether the case should proceed.
    • At the Arraignment, the case will either be pushed to trial by a not-guilty plea or will be sent to a diversionary program, like the ARD Program.
    • At the Pre-trial Conference, your attorney can gather additional evidence and negotiate a plea bargain with prosecutors.
    • The Trial is where a jury will determine a guilty / not-guilty verdict

While a DUI appeal is only considered based on claim errors of the law or trial proceedings, it may be an option. Talk to an attorney to feel out your best options.

Every circumstance is different. If there were other criminal charges filed against you and other circumstances surrounding your arrest, call a DUI Lawyer to discuss your case.

Learn more about the full DUI Process in Delaware County and Media, PA.

An Arrest is Not a Conviction
Call Today for a Free Legal Case Evaluation

Call  The Law Offices of Wana Saadzoi, Esquire LLC

Delaware County, PA | Chester County, PA | Montgomery County, PA

Penalties for a Conviction of DUI Over .16 BAC Level in Pennsylvania.

The punishment for a DUI conviction weighs heavily on your Blood Alcohol Content (BAC) level at the time of your arrest. A BAC level of .08 or higher means you are considered impaired for operating a motor vehicle.

The punishment for DUI is also determined by how many previous DUI charges you have had previously (within the past ten years). This includes if you had previously accepted the ARD program.

Having a BAC level over .16 puts you in the highest tier of punishment, which is also the same tier as refusing a chemical test and DUI of a Controlled Substance (DUI Drugs).

The Penalties for a BAC Level Over .16 in Pennsylvania include:

      • 1st Offense DUI: A misdemeanor, 72 hours to six months jail, a $1,000 – $5,000 fine; Alcohol Highway Safety School, mandatory drug and alcohol assessment, and a one-year license suspension;
      • 2nd Offense DUI: A first-degree misdemeanor, 90 days – five years in prison a $1,500 – $10,000 fine, Alcohol Highway Safety School, mandatory drug and alcohol assessment, mandatory ignition interlock, and an 18-month license suspension;
      • 3rd Offense DUI: A felony 2 or 3 conviction, up to ten years in prison, up to $25,000 in fines, an 18-month license suspension, Alcohol Highway Safety School, mandatory drug and alcohol assessment, and mandatory ignition interlock.

Please note: If you have a Professional License or are a CDL Holder Facing a DUI charge in PA, you may face additional penalties and the BAC levels for the tiers and sentencing guidelines may be different.

An experienced and savvy DUI lawyer can listen to the extenuating circumstances of your case and help in navigating the Delaware County court process.

See the full Pennsylvania DUI Statute for DUI Convictions

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Is a DUI Charge with a BAC Level Over .16 Worth Fighting?

When you are charged with a crime it can feel like the walls are caving in, but it is important to not give up easily in defeat. While a majority of DUI arrests do end in a conviction, there are certain cases that can be won.

If you believe you were wrongfully arrested or there were mistakes in the way your arrest was handled by police officers, you have every right to fight the charges. If our attorneys uncover any missteps by the police, it is possible that your case could be dismissed entirely.

However, if a full dismissal is not possible, it is likely that penalties can be reduced to a minimum if you have a strong defense. An attorney is going to be able to help you with the process and determine the best option for you and your family. There are programs like the ARD Program that you may be able to eligible to apply for acceptance.

If you are found guilty, you may appeal the case. While getting the case overturned is highly unlikely, it will delay the start of your license suspension. An attorney can help you in filing an appeal.

Do Not Fight DUI Charges Alone
Call Today for a Free Consultation

Call Pennsylvania DUI Attorney Wana Saadzoi

Delaware County, PA | Chester County, PA | Montgomery County, PA

How Saadzoi Law Can Help

Attorney Saadzoi has years of experience successfully helping clients get their DUI charges reduced, dismissed, and resolved.

She has spent time on both sides of the law as a prosecutor and a public defender. As your lawyer, she will work aggressively and diligently to fight the charges against you.

At The Law Offices of Wana Saadzoi, Esquire LLC, we review the details of your DUI arrest and police reports. We will determine if the stop was unlawful and if you were in control of the vehicle. If not, or if there are any other circumstances permitting, we will file motions to gain leverage over the prosecution.

Attorney Saadzoi knows that sometimes good people make mistakes and often times the punishment does not fit the crime. Many people deserve a second chance and treatment programs over harsh prison sentences and large fines that can tarnish their reputations and take away their freedom.

This compassion translates to an aggressive litigator who will work hard for her clients to get the best possible outcome.

Attorney Saadzoi has spent time on both sides of the law as a prosecutor and a public defender. As your lawyer, she will work aggressively to resolve the charges against you.

Attorney Saadzoi will do everything possible to get your charges reduced or dismissed altogether. 

Call 610-566-5956 to speak with Attorney Saadzoi today.

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