What Are the Different Types of DUI Charges?

Drinking and driving is always dangerous. If you plan on drinking, it should never be without a safe way home. That being said, as reported by Forbes Les Masterson, “About 27% of drivers were involved in alcohol-related serious or fatal crashes from March 17, 2020, through Sep. 30, 2020, compared to 21% from Sep. 10, 2019, through March 16, 2020.” It’s inevitable that there are going to be people on the road who are drinking and driving, but not without consequence. Learn about the different types of DUI charges you can face.

There are multiple facets of drinking and driving that break the law. It’s not just as simple as being drunk behind the wheel. So if you are charged with a DUI, you are not just facing one charge, but potentially multiple charges of various severities.

What Are All the Types of DUI Charges?

When you’re pulled over for suspected drunk driving, they test your BAC, or blood alcohol content. This tests how much alcohol you’ve consumed and what tier of alcohol is in your blood. If you are found to have multiple previous DUI offenses, your charge will change. This leads to there being ten different types, based on the combination of three different BAC levels, and three levels of previous DUI offenses, save for one exception making four.

What Are All the Types of BAC?

The amount of alcohol in someone’s blood is measured in percentages. Having a BAC of more than .08% is illegal. If pulled over while having a BAC of this amount and up to .099%, you will likely be charged in the first tier.

• General Impairment – .08% to .099 BAC
• High BAC – .10 to .159% BAC
• Highest BAC – .16% or higher

These three levels of BAC carry different penalties. The higher the BAC, the worse your penalty. No matter your BAC level, you risk receiving a misdemeanor charge, months of probation, fines, forced attendance to an alcohol high safety school, and treatment for alcohol abuse. Repeat offenses increase your chances of receiving any of these punishments and how serious each punishment can be.

What Are the Different Levels of DUI Offenses?

For General Impairment and Higher BAC, there are three levels of penalties, while for High BAC, there are four. This is based on how many prior offenses you have before your current charge. The three levels that all three BAC types have are:

• No prior DUI offenses
• One prior DUI offense
• Two prior DUI offense

For High BAC, there is a fourth level for when someone has three prior DUI offenses.

What are the Penalties for All Types of DUI Charges?

As stated before, ten types of DUI charges are made from the different combinations of BAC types and the number of prior DUI offenses.

For General Impairment

When there are no prior DUI offenses, you can receive:

• An ungraded misdemeanor charge
• Up to 6 months probation
• $300 fine
• Alcohol highway safety school
• Treatment when ordered

For when there is one prior DUI offense, you can receive:

• An ungraded misdemeanor charge
• 12-month license suspension
• 5 days to 6 months of jail time
• $300 to $2,500 fine
• Alcohol highway safety school
• Treatment when ordered
• 1-year ignition interlock

For when there are two prior DUI offenses, you can receive:

• A 2nd-degree misdemeanor charge
• 12-month license suspension
• 10 days to 2 years in prison
• $500 to $5,000 fine
• Treatment when ordered
• 1-year ignition interlock

For High BAC

When there are no DUI offenses, you can receive:

• An ungraded misdemeanor charge
• 12-month license suspension
• 48 hours to 6 months in prison
• $500 to $5,000 fine
• Alcohol highway safety school
• Treatment when ordered

For when there is one prior DUI offense, you can receive:

• An ungraded misdemeanor charge
• 12-month suspension
• 30 days to 6 months in prison
• $750 to $5,000 fine
• Alcohol highway safety school
• Treatment when ordered
• 1-year ignition interlock

For when there are two prior DUI offenses, you can receive:

• 1st-degree misdemeanor charge
• 18-month license suspension
• 90 days to 5 years in prison
• $1,500 to $10,000 fine
• Treatment when ordered
• 1-year ignition interlock

For when there are three prior DUI offenses, you can receive:

• 1st-degree misdemeanor
• 18-month license suspension
• 1 to 5 years in prison
• $1,500 to $10,000 fine
• Treatment when ordered
• 1-year ignition interlock

For Higher BAC

When there are no prior DUI offenses, you can receive:

• An ungraded misdemeanor charge
• 12-month license suspension
• 72 hours to 6 months in prison
• $1,000 to $5,000 fine
• Alcohol highway safety school
• Treatment when ordered

For when there is one prior DUI offense, you can receive:

• 1st-degree misdemeanor
• 18-month license suspension
• 90 days to 5 years in prison
• $1,500 to $10,00 fine
• Alcohol highway safety school
• Treatment when ordered
• 1-year ignition interlock

For when there are two prior DUI offenses, you can receive:

• 1st-degree misdemeanor
• 18-month license suspension
• 1 to 5 years in prison
• $2,500 to $10,000
• treatment when ordered
• 1-year ignition interlock

Contact MVSK Law for Help With All Types of DUI Charges

If you find yourself in a situation where you are facing a DUI charge, you need a criminal defense attorney. The criminal defense attorneys at Mazzoni Valvano Szewczyk & Karam can use their experience to defend you. We have years of experience in defending people facing the criminal justice system of Pennsylvania. Contact us today for help.