DUI/DWI Charges

According to the Pennsylvania DUI Association, in 2021, alcohol-related crashes increased to 9,220 from 7,700 in 2020. Additionally, 18% of the driver fatalities in the 16-20 age group were a result of drinking and driving, an increase from 17% in 2020. This has made driving under the influence of alcohol and drugs a problem across the Keystone State and across age groups. If you have been charged with drunk driving in Northeastern Pennsylvania, you need to contact the Scranton DUI lawyers at Mazzoni Valvano Szewczyk & Karam. Without help, you may lose your driver’s license, face an underaged DUI, face thousands of dollars in fines, or worse, spend time in jail for driving under the influence.

At Mazzoni Valvano Szewczyk & Karam, we understand how much a DUI charge can affect your future. Our firm has a reputation for successfully resolving cases involving Pennsylvanians and out-of-state drivers charged with DUI. With our lawyers at your side, we will strive to meet your legal needs every step of the way.

Understanding DUI Charges

In 2004, Pennsylvania lawmakers enacted Act 24 which revamped the state DUI laws in response to federal law. Now, the BAC (blood alcohol content) threshold is .08%. This ensures that the state will continue to receive federal highway funds.

These legal adjustments also altered the penalties of drunk-driving offenses.

The Penalties of a DUI Charge in PA

Following Act 24 legal changes, the state also adopted a tiered approach to DUI penalties. Such actions that you may undergo include:

• Ignition Interlock Devices: In an effort to prevent repeat DUI offenders from driving under the influence of alcohol, some judges in Pennsylvania require people convicted of DUI to install an ignition interlock device (IID), which is similar to a breathalyzer. A driver who has been drinking cannot start a vehicle with an IID connected to the vehicle’s dashboard.
• License Suspension: Not having a driver’s license for a year or longer can be a significant hardship, especially if you live in a smaller, rural community in Northeastern Pennsylvania. We understand how difficult life can be without a driver’s license. That’s why we work hard to help our clients preserve their driving privileges.

However, depending on your BAC or the controlled substances in your system will determine what penalties you may face.

General Impairment penalties

When people have an undetermined BAC or reading of .08 to .099% BAC, there are three tiers to penalties.

• For no prior DUI offenses, you may serve up to 6 months probation and pay a $300 fine. The court may also order you to attend alcohol highway safety school or attend treatment.
• For one prior DUI offense, the charge may be upgraded to a misdemeanor, have a 12-month license suspension, serve 5 days to 6 months in jail, and be fined $300 to $2,500. The court may also order you to attend alcohol highway safety school, attend treatment, and install a 1-year ignition interlock.
• For 2 or more prior DUI offenses, the charge may become a 2nd-degree misdemeanor. This comes with a 12-month license suspension, a 10-day to 2-year prison sentence, a fine of $500 to $5,000, an order to get treatment, and installation of a 1-year ignition interlock on your vehicle.

High BAC penalties

A high BAC penalty is for those who had a BAC of .10 to .159% in their system.

• If you did not have a prior DUI offense, the charge can be upgraded to a misdemeanor. You may undergo a 12-month license suspension, serve 48 hours to 6 months in prison, be fined $500 to $5,000, be required to attend alcohol highway safety school, and you may be ordered to undergo treatment.
• If you have 1 prior DUI offense, the charge may be upgraded to a misdemeanor. You may face a 12-month license suspension, serve 30 days to 6 months in prison, and/or be fined $750 to $5,000. The court may require you to attend alcohol highway safety school, undergo treatment, and install a 1-year ignition interlock system.
• For 2 or more prior DUI offenses, the charge is upgraded to a 1st-degree misdemeanor. Your license may be suspended for 18 months and you may serve 90 days to 5 years in prison and/or be fined $1,500 to $10,000. The court may also order you to attend treatment and require you to install a 1-year ignition interlock.
• For 3 or more prior DUI offenses, the charge is upgraded to a 1st-degree misdemeanor. Your license may be suspended for 18 months and you may serve 1 to 5 years in prison, ordered to undergo treatment, and can be required to install a 1-year ignition interlock.

Highest BAC penalties

For a BAC of .16% and higher or under the influence of a controlled substance, the penalties continue to increase.

• If you have no prior DUI or DWI offenses, your charge becomes a misdemeanor. Your license may be suspended for 12 months and you may serve 72 hours to 6 months in prison and/or be fined $1,000 to $5,000. The court may require you to attend highway safety school, and take treatment.
• For 1 prior DUI offense, the charge becomes a 1st-degree misdemeanor. You may face an 18-month license suspension, serve 90 days to 5 years in prison, be fined $1,500 to $10,000. The court may also require you to attend alcohol highway safety school, take treatment, and install a 1-year ignition interlock in your vehicle.
• For 2 or more prior DUI offenses, the crime is upgraded to a 1st-degree misdemeanor. Your license may be suspended for 18 months and you may face 1 to 5 years in prison and/or be fined $2,500 to $10,000. The court may also order you to take treatment, and install a 1-year ignition interlock in your vehicle.

However, if you are a first-time offender, it’s important to know your eligibility rights with the Pennsylvania ARD Program.

What other issues does an attorney need to consider when facing a drunk driving charge?

The rules and regulations involving Pennsylvania’s DUI laws are constantly changing. This is why it’s best to speak with an attorney as soon as possible after an arrest. To help you become aware of the legal implications of various DUI charges, visit the following sections of our website:

• Drunk driving tests
• Underage DUI
• Scranton College Students Charged with DUI
• Vehicular Homicide and Other DUI Accidents

“How can a lawyer help me with a drunk driving charge in Pennsylvania?”

We know that police sometimes pull over and arrest drivers who have blood alcohol concentrations below the legal limit. They have even pulled over people who have not been drinking. But even if you were drinking and driving, you have many legal options available to you. Along with getting the court to dismiss your DUI charge altogether, we could potentially reduce your penalty, your fine, or incarceration.

There are many different ways to accomplish your goals. We strive to help clients get an acquittal or a dismissal. In cases where there is strong evidence against a client, we work to minimize the damage of the charges. We may be able to work out an acceptable plea bargain that may include probation.

Possible defenses of a Pennsylvania DUI charge include:

• The driver did not appear to be “under the influence.”
• The driver’s blood alcohol content was not determined, there was no evidence of drugs, and the driver did not seem to be under “general impairment.”
• The driver’s blood alcohol content was not obtained.
• The Field Sobriety Tests were administered incorrectly.
• The driver was not informed properly of the implied consent laws.

“Why should I hire Scranton DUI Lawyers Mazzoni Valvano Szewczyk & Karam for my DUI case?”

We don’t take a one-size-fits-all approach to DUI cases in Northeastern Pennsylvania. We want to meet with you and take the time to learn about the specific details of your case. After you meet with us and if you decide we are the right attorney for you, we will weigh the prosecutor’s evidence against you and apply the law to devise a solid legal strategy. Our detailed, hands-on approach consistently produces positive results in case after case.

Don’t wait another minute after your arrest. Remember, if this is your first offense, there may be ways to prevent you from having a criminal record. Contact our law firm today for more information. We want to help you.