As a DUI attorney my main goal is to be sure that my clients serve the absolute minimum sentence possible. Because of the tiered structure for DUI penalties in Pennsylvania, the sentences are based on the driver's BAC and the number of their prior offenses. It is important to have a skilled Pennsylvania DUI lawyer to make sure that you do not recieve a higher penalty than necessary.
A perfect illustration of the importance of having a skilled attorney is the difference between a "General Impairment" (BAC .08 to .099%) tier sentence and "High BAC" (BAC .10 to .159%) tier sentence. First time offenders in Pennsylvania with a BAC of .099% face 6 months of probation, a $300 fine and alcohol highway safety classes. This is compared to a BAC just .001% higher who face a 12-month license suspension, 48 hours to 6 months in jail and a maximum of a $5,000 fine. For defendants who have had one or more prior DUI's the difference between tiers becomes even more dramatic.
For a third tier "Highest BAC" (BAC .16% and Higher) third conviction can mean an 18 month license suspension and 1 to 5 years in prison, whereas a second tier, third offense is only 90 days to 5 years in prison. This can add up to a difference of 9 months in prison.
Many defendants do not realize that a simple mistake by police in processing your breathalyzer or blood test can result in a better plea deal or acquittal. This is why having an experienced Pennsylvania DUI attorney that can catch these little mistakes is important.. For more information about DUI sentencing contact Jason R. Antoine.
