If the police pull you over and your blood alcohol content (BAC) is .16 percent or higher, you are considered to be at the highest level of impairment under Pennsylvania law, which is double the legal limit.
A high-BAC DUI charge carries serious consequences, including license suspension, jail time, and fines. These penalties can feel overwhelming, but an experienced Pittsburgh DUI lawyer can help protect your rights and minimize the impact on your life.
Call Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC at (412) 281-2146 for a free consultation today. We are available 24/7 to answer your questions and review your case.
What Is a High-BAC DUI in Pennsylvania?
In Pennsylvania, a BAC of .16 or higher triggers more severe DUI penalties than a standard DUI. These penalties increase depending on prior DUI convictions.
Penalties for a DUI with Blood Alcohol Over .16 in Pennsylvania
Pennsylvania uses a three-tier system to structure how people driving under the influence are punished. Your previous offenses are also factored into the penalties.
First Offense – BAC Over .16
For a first offense DUI and your BAC is over .16, you risk:
- Three days to six months in jail
- One year license suspension
- $1,000 to $5,000 fine
- Alcohol highway safety school
- Ignition interlock on your vehicle for one year
- You may be required to take a court-ordered treatment program
Second Offense – BAC Over .16
For a second DUI offense and your BAC is over .16, you risk:
- 90 days to five years in jail
- 18 month license suspension
- $1,500 to $10,000 fine
- Alcohol highway safety school
- Ignition interlock on your vehicle for one year
- You may be required to take a court-ordered treatment program
Third Offense – BAC Over .16
For a third DUI offense and your BAC is over .16, you risk:
- Up to seven years in jail
- 18 month license suspension
- $2,500 to $15,000 fine
- Ignition interlock on your vehicle for one year
- You may be required to take a court-ordered treatment program
Additional Consequences
- Your auto insurance premiums are likely to go up.
- You will have a permanent criminal record if convicted.
- You may be given an increased sentence carrying harsher punishment if you caused an injury or death by driving drunk. You will also risk being sued for damages in a civil court.
A blood alcohol content of .16 or higher requires a full assessment for alcohol and drug addiction. If you are found to be addicted to alcohol and/or other drugs based on this assessment, the court may order a treatment program specifying length of stay, type of care, and follow-up monitoring.
A DUI with a blood alcohol content of over .16 is serious and can land you with severe consequences in the state of Pennsylvania. If you were charged with a DUI at double the legal limit- you likely have questions about the penalties you are facing. Don’t wait to speak to our DUI attorneys. Call us today.
How Our Pittsburgh High-BAC DUI Lawyers Can Help
Facing a DUI with a BAC over .16 requires immediate legal guidance. Our experienced attorneys can:
- Review your criminal complaint and all evidence
- Assess whether the traffic stop was legal
- Challenge BAC test results or testing equipment accuracy
- Negotiate plea agreements or diversion programs
- Protect your driver’s license and limit jail time
Early Action Matters
Soon after your arrest, you will receive a copy of your criminal complaint and a preliminary hearing will be scheduled. This is a crucial stage where your options are determined, and your lawyer can help you secure the best possible outcome.
Defending Against High-BAC DUI Charges
If you do not choose to negotiate a plea and your case goes to trial, your high-BAC DUI attorney will have several lines of defense depending on the circumstances of your case. A few of these are:
- The police did not have probable cause to stop you
- The police did not have probable cause to test you for DUI
- The results of your chemical test (blood, breath or urine) were not accurate
- The testing equipment used for your DUI testing was inaccurate, faulty, or improperly calibrated
Challenging Evidence
If police stopped you without probable cause, your high-BAC DUI attorney will try to show that the evidence used against you should be suppressed. If the testing equipment used for your DUI tests is shown to be faulty or improperly calibrated, he or she may be able to question the results of your test.
If any motion to suppress is granted by a magistrate, your charges could be reduced. That being said, an experienced Pittsburgh DUI attorney can help evaluate the situation and see if any of these evidence pieces are inadmissible.
Contact Our High-BAC DUI Lawyers Today
Being charged with a high-BAC DUI is serious, but you do not have to face it alone. Our Pittsburgh DUI attorneys fight to reduce or dismiss charges and protect your future.
Call Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC at (412) 281-2146 or advice@pittsburghcriminalattorney.com for a free consultation.