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Home 9 DUI Defense 9 DUI Frequently Asked Questions

What Would You Like To Know About DUI?

Facing charges of driving under the influence (DUI) can seem overwhelming, particularly because the legal system is so complex. At Bauer, Scanlon & Wigginton, our team has more than 25 collective years of experience in the practice of criminal law. With two former public defenders and a former prosecutor on our staff, we have an in-depth understanding of Pennsylvania’s DUI laws.

On this DUI FAQ page, we have answered some of our clients’ frequently asked questions about their charges.

Will I get jail time if convicted?

It is rare for first-time offenders to spend time in jail for a drunk driving charge. Repeat offenders, however, can face jail incarceration of five days up to seven years. A Tier 3 third offense of DUI is now considered an F3 felony.

Can I fight my license suspension?

You can appeal a license suspension in Pennsylvania. You file an appeal with the Court of Common Pleas of the county where your license was suspended. If that is denied you can then appeal to the Commonwealth Court.

What are the penalties for a first-time DUI?

In Pennsylvania, your first conviction for a DUI could result in a fine and probation, plus mandatory driver’s education classes or drug and alcohol treatment. The penalty will depend on your blood alcohol content (BAC). On the low end you could get 6 months probation but on the higher end you could face 72 hours of mandatory incarceration, which may sometimes be satisfied by house arrest with the Electronic Home Monitor (EHM.)

Does Pennsylvania require an ignition interlock?

In some circumstances, yes. These circumstances include:

  • First-time offenders with blood alcohol levels of .10 or higher
  • Repeat offenders
  • Drivers who refuse blood alcohol content (BAC) testing
  • Offenders unlawfully driving a vehicle without an ignition interlock device

If the court orders you to drive a vehicle with an ignition interlock device, the inconvenience of using it is well worth it in contrast to the potential penalties of secretly driving a vehicle without one.

How is DUI different for underage drivers?

Drivers under the age of 21 face heightened sentences compared to drivers who are of age. Under Pennsylvania’s zero-tolerance policy, anyone under age 21 caught with a BAC of .02 or more faces:

  • 48 hours to six months in jail
  • A fine of up to $5,000
  • Up to one year of license suspension or installation of an ignition interlock device

A conviction can also have unofficial consequences such as difficulty enrolling in college, finding a job or finding housing.

Ask Us More Questions, Get More Answers

You do not have to face the overwhelming prospect of a DUI on your own. Instead, seek drunk driving defense from us at [nap_names id=”FIRM-NAME-1″] We are happy to discuss your case and answer any more questions you have. To schedule a free 30-minute consultation, please call our office in Media at [nap_phone id=”LOCAL-CT-NUMBER-1″] or send us an email.