Drunk and drugged driving charges can affect anyone, no matter your job, income, or zip code. If you were pulled over for drunk driving in Philly, you will be booked, fingerprinted, and made to face serious charges.
In some cases, ARD is available, reducing the penalties and putting you on a path to recovery. For more serious offenses, crashes involving injury, high BAC cases, and repeat offenses, the prosecutors will do everything they can to put you in jail and revoke your license for a long time.
For help, call (215) 423-5500 to speak with Kenny, Burns & McGill’s Philadelphia DUI lawyers.
Levels of DUI Charges in Pennsylvania
Under 75 Pa.C.S. § 3802, we have five major categories of charges for driving under the influence (DUI) that our DUI attorneys can help you fight:
(a) General Impairment
Under general impairment or general intoxication charges, you can be arrested for having enough alcohol in your system to make you unsafe behind the wheel.
This does not require a BAC level, blood test, or breath test. Sufficient evidence of slurred speech, alcohol on the breath, and an admission to drinking can be enough to charge you.
(a) General Impairment – Per Se DUI
A “per se” DUI is charged when there is a BAC test proving you had a blood alcohol level of .08% or higher. Here, there is no investigation into whether you were unsafe or not (except to see whether they had probable cause to arrest you). Instead, it is simply illegal to drive with a BAC over the “legal limit.”
(b) High Rate Per Se DUI
Like subsection (a)’s per se DUI charges, you can be charged under subsection (b) with a BAC of at least .10% and under .16%.
(c) Highest Rate Per Se DUI
The highest rate category is charged if your BAC is .16% or higher – double the “legal limit.”
(d) Drug DUI
You can be charged under subsection (d) and its various subsections if you were driving under any of the following situations:
- With a Schedule I drug in your system
- With a Schedule II or III drug in your system
- With a metabolite of Schedule I-III drugs in your system – this is a byproduct of the drug being absorbed and converted in your body that can remain in your system days after you were last “high”
- With a combination of drugs and alcohol making you unsafe to drive
- While under the influence of inhalants (e.g., after “huffing” paint, glue, or nitrous oxide).
Will I Go to Jail for a DUI in Philadelphia?
When you are arrested for DUI, you will likely be taken to jail or to the hospital, depending on your condition and whether someone is available to pick you up. Aside from this stay in the “drunk tank,” you may be sentenced to jail time after conviction.
Drunk and drugged driving are misdemeanors in most cases. This is a lower level of crime, but it can still result in jail time. For most first-time offenses, jail time is not common.
However, for a high rate DUI (.16% or higher) or for repeat offenses, the possibility of jail time is always on the table. For a third or subsequent DUI with a BAC of .16% or higher, at least 1 year in jail is likely.
ARD for DUI in Philadelphia
Most first-time offenders and some repeat offenders are eligible for ARD – Accelerated Rehabilitative Disposition. This is a “diversionary program” where defendants can plead guilty to the offense and seek drug/alcohol treatment, driving classes, and other penalties in exchange for a reduced license suspension and sentence.
Your ability to be accepted into ARD usually depends on the specific crime committed, whether you have used ARD before, and how recent your previous offense was (if any).
Our lawyers can help you apply for ARD, but acceptance is ultimately up to the DA’s office, which manages the ARD program.
To participate in ARD, you must plead guilty and accept the penalties, which can be risky if you fail out of the program.
Repeat DUI Offenses
If you are charged with a second or third/subsequent DUI, your penalties go up. Often, repeat offenses can land you in jail for at least a few days per repeat offense.
For a prior offense to count, it has to be recent enough. Offenses older than 10 years are usually ignored as “repeat” offenses, resetting the count to a “first-time” offense. Being arrested and charged with another DUI before your sentencing is finished can also upgrade your penalties on one of the charges.
DUI Charges for Accidents Causing Injury
Hitting someone with your car while you are driving under the influence can lead to additional charges and penalties.
Under the grading section for DUIs, a first-time DUI involving a crash has upgraded penalties, usually putting it on par with a second DUI.
Aggravated assault by vehicle while under the influence is a separate offense under 75 Pa.C.S. § 3735.1. This can be charged for DUIs resulting in “serious bodily injury,” which must, by definition, include a risk of death or result in a permanent loss or serious disfigurement.
There are also upgraded penalties for DUIs with a child in your car. A crash that injures a child in your car might mean being charged with “endangering welfare of children” under 18 Pa.C.s. § 4304.
DUIs Involving Vehicular Homicide
If your drunk or drugged driving kills someone, this is a very serious offense. The penalties here are not as serious as an intentional killing like murder, and 75 Pa.C.S. § 3735 specifically defines the killing as “unintentional.”
Nonetheless, this can result in a conviction on first or second-degree felony charges. The penalty, as noted in the statute, must include a minimum of 3 years in jail. Sentencing is consecutive for each person killed in the crash.
For more serious first-degree felony charges, the minimum is 5 years per death.
Call Our Philadelphia DUI Defense Lawyers Today
If you were pulled over and charged with DUI, call Kenny, Burns & McGill’s DUI lawyers today at (215) 423-5500.
