DUI with Blood Alcohol Over .16 | Defense, Charges and Consequences

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Breathalyzer Over .16? Our High-BAC DUI Attorneys Can Help.

If the police pull you over and your blood alcohol content (BAC) is measured at .16 percent or more, you are testing at the highest level of impairment under Pennsylvania law and double the legal limit.

The consequences of having a BAC that high can mean having your license suspended even if it’s your first DUI, could mean going to jail and paying thousands in fines. This can feel hopeless, but there is still a lot an experienced DUI lawyer can do to help if you’re charged with a high-BAC DUI.

Schedule a Free Consultation With a High-BAC DUI Lawyer

Call Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC at (412) 281-2146 today. We have a long and successful history in DUI cases, and we’re happy to answer your questions.

We are available 24/7 and offer free initial consultations. We’ll review your high-BAC DUI case and explain all your options.

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 DUI and your BAC is 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 and your BAC is 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 and your BAC is 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

Other negative repercussions for a DUI Over .16 BAC:

  • 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.

DUI with BAC over .16 in Pennsylvania
 

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 You

If you have been charged with a DUI with a BAC over .16 in Pennsylvania, your first step should be to immediately hire a DUI lawyer. A BAC of .16 or higher is a serious offense and you might not be able to drive your car to work or school. Before your hearing is even scheduled, an experienced criminal defense attorney can begin working on your high-BAC DUI case after reviewing the evidence against you. This can be the difference in being able to drive and dealing with your DUI quickly.

Soon after your arrest, you will receive a copy of your criminal complaint in the mail. It’s important to show this paperwork to your high-BAC DUI attorney. After you receive the official charges, the court will schedule your preliminary hearing. This is the first court appearance on your case and it is critical because at this hearing your options, a plea negotiation or a trial, will be determined. Your .16 BAC DUI attorney will help you obtain the best possible outcome.

If there were errors in how your BAC was tested, your attorney may be able to have your high BAC excluded. If the initial stop wasn’t appropriate, this can help your case too. Finally, we can negotiate to protect your driver’s license, keep you out of police custody, and resolve your DUI case in your favor.

How to Defend Against High-BAC DUI Charges in Pittsburgh

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

We Can Challenge Probabale Cause & DUI Tests

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.

Were you arrested for being double the legal limit in Pennsylvania? Call Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC at (412) 281-2146 today. We are available 24/7 and offer free initial consultations. We’ll review the situation and explain all your options.

Contact Our High-BAC DUI Lawyers Today

Your rights are at stake and you need the best defense to keep them. I will fight using the strongest defense available to get your DUI charge reduced or dismissed so you can move on with your life.

(412) 281-2146 or advice@pittsburghcriminalattorney.com

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“I lost my license 20 years ago and never thought I would ever get it back they told me I had to come back to Pittsburgh and do 9 months in jail if I wanted to even think about getting my license so I got a hold call Samir and he took care of my case better than I ever thought anyone could and now after 20 years of having no license I finally got it back and it only took them 5 months I had six out-of-state warrants and I walked away from this clean so I want to give a huge thank you to Michael and Samir and the secretary they were so nice to me and help me with every possible problem I had so if you’re looking for an attorney I wouldn’t look any further”

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