Pennsylvania Felony DUI Charge

First Five Things to Do
Top Ten DUI Mistakes
 
Felony-DUI-PA

When is a DUI a felony in PA?

Pennsylvania Felony DUI comes in four types:

We call these the “no mercy” cases. Because when the government charges these crimes, they look to give no mercy. They believe that you are a very bad person who is bent on being a “drunken one ton missile” on the road. There are so many consequences that come with a Felony in PA that you have to fight these charges.

When selecting which attorney to hire, please consider:

  • Can you call anytime and talk to a live person?
  • Do they offer payment plans with no credit checks?
  • Will your attorney be attentive and explain what’s going on?

At The McShane Firm, we answer yes to all of these questions. We strive to provide you with a great customer service experience during this tough time.


Additional recommended reading: 

Felony Conviction Consequences in Pennsylvania

Third Offense DUI Felony

The following chart shows the mandatory minimum, the fines, costs and other punishments that happen when there is a conviction for a DUI 3rd as a Felony:

3. Highest Impairment

Criteria

  • BAC of .16% or higher
  • Controlled substance DUI
  • Refusal to submit to a breath test or refusal to submit to a valid search warrant for blood

Penalties

  • Felony of the Third Degree
  • 1 year mandatory minimum and a maximum sentence of up to 7 years in prison.
    Sentence to be served consecutively to any other sentence.
  • License suspension for 18 months (interlock eligibility after 9 months)
  • Ignition interlock for an additional year
  • Fines up to $15,000
  • DNA sampling and placed into FBI database forever
  • various fees and costs not less than $1000

Fourth Offense DUI Felony

The following chart shows the mandatory minimum, the fines, costs and other punishments that happen when there is a conviction for a DUI 4th as a Felony:

1. General Impairment

Criteria

  • B.A.C. between .08 and .099%
  • No property damage or injury
  • Incapable of safe driving
  • Refusal to take a chemical test

Penalties

  • Felony of the Third Degree
    Starting on 11/08/2022: Felony of the Second Degree
  • Prison sentence of 1 year to 7 years
    Starting on 11/08/2022: Prison sentence of 5 to 10 years. Sentence to be served consecutively to any other sentence.
  • License suspension for 18 months (Interlock available after 9 months)
  • 1 year interlock
  • Fines up to $15,000
    Starting on 11/08/2022: Fines up to $25,000
  • DNA sampling and placed into FBI database forever
  • various fees and costs not less than $3000

2. High Impairment

Criteria

  • BAC between .10 and 0.159%
  • General BAC with an accident or injury
  • School Bus Driver with BAC between 0.02% and .159%
  • Commercial Vehicle with BAC between .04% and 0.159%
  • Minor B.A.C.= .02% to .159%

Penalties

  • Felony of the Third Degree
    Starting on 11/08/2022: Felony of the Second Degree
  • Prison sentence of 1 year to 7 years
    Starting on 11/08/2022: Prison sentence of 5 to 10 years. Sentence to be served consecutively to any other sentence.
  • License suspension for 18 months (Interlock available after 9 months)
  • 1 year interlock
  • Fines up to $15,000
    Starting on 11/08/2022: Fines up to $25,000
  • DNA sampling and placed into FBI database forever
  • various fees and costs not less than $4000

3. Highest Impairment

Criteria

  • BAC of .16% or higher
  • Controlled substance DUI

Penalties

  • Felony of the Third Degree
    Starting on 11/08/2022: Felony of the Second Degree
  • Prison sentence of 1 year to 7 years
    Starting on 11/08/2022: Prison sentence of 5 to 10 years. Sentence to be served consecutively to any other sentence.
  • License suspension for 18 months (Interlock available after 9 months)
  • 1 year interlock
  • Fines up to $15,000
    Starting on 11/08/2022: Fines up to $25,000
  • DNA sampling and placed into FBI database forever
  • various fees and costs not less than $5000

 

How much will it cost to defend a Felony DUI in PA?

A felony DUI charge in Pennsylvania is the fight for your future. Remember there is no work release in the state prison system. So, any sentence that’s minimum is a year or more, you go to one of several hardcore state jails, called State Correctional Institutes. That’s where the violent felons go. You are not a bad person. You should not have to go to prison, especially a State Correctional Institute. Call us today. Don’t wait.

Additional recommended reading:

What is The McShane Difference?

  • We take time to understand your personal needs and goals. Then we cater our legal strategy to fit you.
  • We care about you. We listen and return phone calls. We will take time to explain things so you are not left anxious in the dark.
  • We will make this as easy as possible. We will try to minimize the number of times you have to be in court which means less disruption of your work and family life.

Does this sound like what you are looking for in an attorney? If yes, then take the next step and call (717) 657-3900.

Get an attorney right now

As you can see, the penalties of a Pennsylvania Felony DUI are heart attack serious. If you find yourself accused of a Pennsylvania Felony DUI, the experienced DUI lawyers at The McShane Firm can help to minimize or eliminate the charges against you.

Additional recommended reading:

Our Clients are entitled to a Bill of Rights which states:

  • Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
  • Our clients have the right to expect plain speaking, straight shooting. No B. S.
  • Our clients have the right to expect us to do it right the first time, every time.
  • Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
  • Our clients have the right to expect that they will be fully informed at all times.

This is our promise to you. Call today to get us on your side: (717) 657-3900.