When you have been arrested for a DUI (driving under the influence), the sooner you become educated about the penalties for DUI cases, the sooner you will have the information you need to choose a DUI lawyer who can help you avoid the worst outcome. So, what are the penalties in Harrisburg, PA, Mechanicsburg, PA, and elsewhere in Pennsylvania? Most importantly, when does a conviction mean jail time?

When Can DUI Cases Potentially Lead to Jail Time?

Pennsylvania law takes drunk driving very seriously. Drunk driving can lead to a jail sentence any time you are caught with a BAC (blood alcohol content) of over 0.1%. While jail time might not be included in your sentence, it is almost always on the menu of options available to a judge or a jury. Every level of sentencing has a mix of penalties that can be dealt out in various combinations, including:

• Fines
• Jail time
• License suspension
• Drug and alcohol counseling
• Traffic safety education
• Probation
• Use of an ignition interlock

Different Levels of Sentencing

If you are found guilty of a DUI in Harrisburg, PA, or Mechanicsburg, PA, the sentencing escalates in severity according to how intoxicated you were at the time of the arrest and how many similar convictions you have had in the past. For example, if you have never had a DUI and had a BAC of less than 0.16%, you are facing up to 6 months in prison.

On the other end of the spectrum, if you have had more than 1 DUI and had a BAC of over 0.16%, you could be sentenced for up to 5 years. Further, the fine can be up to $10,000.

What If Your BAC Was Less Than 0.1%?

If you receive a DUI for having had a BAC that was between 0.08% and 0.1%, you will not be facing time in jail. That range is considered the lowest tier for a DUI conviction. However, there are other penalties associated with it, including:

• A $300 fine
• Up to 6 months of probation
• Traffic safety education and/or alcohol counseling

Additionally, this level of conviction could still result in future jail time if you are arrested for drunk driving again. Having a BAC between 0.08% and 0.1% can result in up to 6 months in prison the second time you are convicted.

How Can a DUI Lawyer Help You Avoid Jail Time?

Pennsylvania is an implied consent state, meaning that choosing to use your license is seen as a willingness to take a blood test. That means that if you are pulled over, you don’t have the right to refuse one. Implied consent gives the police a major opportunity to build evidence against you. However, even with this evidence, having an experienced attorney on your side may keep you out of jail.

Building Your Strategy

In DUI cases, it is sometimes preferable to accept a guilty plea vs. going to trial. Proving your innocence in court can lead to all of your charges being dropped, however, it can also lead to harsher penalties if you are found guilty. An experienced attorney will review the facts of your case, the context of your arrest, and the evidence surrounding your charges. From there, he or she will help you determine which course of action is best.

Getting Your Case Thrown Out

Even if your BAC was higher than 0.08%, your attorney can still make arguments that will convince a judge to throw out your case. One way is to show that the police acted inappropriately when they arrested you. For example, if they pulled you over without probable cause, such as driving erratically or a moving violation, your case cannot legally proceed.

Minimizing Your Sentence

When proving your innocence or discrediting the evidence against you is not possible, a skilled attorney can argue for a lighter sentence than you would otherwise receive. This will minimize the impact a DUI has on your life, and can keep you out of prison.

Beyond Jail Time: What’s at Stake?

Having a DUI on your record is bad for your finances, your lifestyle, and your credibility. When you work with an experienced attorney to avoid a conviction, you can salvage much more than your ability to stay out of prison. In addition to leaving you with fines and a suspended license, a DUI can affect your life in a number of ways. Here are a few:

Damage to You Reputation

People with a DUI on their record have a harder time finding a job than those who do not. That is especially true if the position you want requires you to demonstrate a sense of responsibility. For jobs that require driving, a DUI is a serious blow to your chances of being hired.

Beyond job searching, a DUI can be costly in other situations where background checks are done. Looking for housing is one example.

Limits on Your Ability to Drive

After receiving a DUI, you might be forced to take time off from driving for a while. License suspensions can last from 1 year to 18 months. That could take a great toll on your lifestyle, especially if you use your car to commute to and from work.

Additionally, your sentence might include the use of an ignition interlock for up to 1 year. An ignition interlock is a device that requires you to blow into a breathalyzer before you drive. If your BAC is above the acceptable limit, it will not allow you to operate the vehicle.

Harsher Sentences in the Future

When DUIs pile up, the penalties become more and more costly to you. Once you are convicted the first time, you have the potential to incur higher fines and more jail time if you are convicted again.

Set Up a Legal Consultation

If you have been arrested for a DUI, the time is now to speak with a qualified DUI lawyer. At Jameson Stone Law, we will give you the representation you deserve and work to keep you from experiencing all the potential life-altering effects of a DUI conviction. The first step is to set up a consultation, during which we can start to understand what happened and how to move forward. You can contact us by calling 717-220-3529.

Get Representation in Harrisburg, PA, Mechanicsburg, PA, and Beyond

Most people never imagine they might face time in prison. A DUI arrest changes everything. Our attorneys will take the time to get into all the details of your case, conducting a thorough investigation to fortify your defense. No matter what kind of DUI charges you are facing, you deserve to be heard, respected, and well-represented. Contact Jameson Stone Law for legal representation when you need it the most.