If you’re being charged with a first-offense DUI, you may be wondering what your chances of going to jail are. Continue reading for more information and contact a knowledgeable DUI lawyer in Montgomery County, PA.

How Does PA Define DUI?

DUI stands for Driving Under the Influence and refers to the criminal offense of operating or being in control of a motor vehicle while intoxicated by drugs, alcohol, or a combination of the two. Pennsylvania Consolidated Statutes § 3802 categorizes four main types of DUI: general impairment, high rate of alcohol, highest rate of alcohol, and controlled substances. There are also sections for minors and commercial or school vehicles.

General impairment is defined as an individual driving, operating, or being in actual physical control of the movement of a vehicle after imbibing enough alcohol that their ability to safely operate the vehicle is impaired, or with a BAC (blood alcohol concentration) between 0.08% and 0.10%.

High rate of alcohol charges occur when the individual’s BAC is at least 0.10% but less than 0.16%, and highest rate of alcohol charges refers to a BAC greater than 0.16%. When it comes to controlled substances, an individual may not operate a vehicle when they are under the influence of drugs to the point that it impairs their ability to safely drive, or with any amount of a Schedule I controlled substance in the blood or Schedule II or III controlled substance that has not been prescribed.

Will I Go to Jail for a First DUI Conviction in PA?

Whether you will go to jail for a first DUI conviction in Pennsylvania depends on the circumstances of your arrest, specifically your BAC level or the presence of controlled substances.

Each tier of DUI carries distinct penalties in Pennsylvania, including potential jail time:

  • General impairment: For a first offense at this level, jail time is not mandatory, and most first-time offenders receive probation of up to six months rather than incarceration, although a judge may impose jail in certain circumstances. Penalties include probation for six months, a $300 fine, mandatory attendance at an alcohol highway safety school, potential treatment, and potential use of an IID (ignition interlock device).
  • High rate of alcohol: A conviction at this tier does carry mandatory jail time. The sentence requires a minimum of 48 consecutive hours (2 days) up to six months in jail. Additionally, you face a fine of $500 to $5,000, mandatory alcohol highway safety school, potential treatment, and potential use of an IID (ignition interlock device).
  • Highest rate of alcohol or DUI involving controlled substances: This is the most severe tier for a first offense. The penalties include a mandatory minimum of 72 consecutive hours (3 days) up to six months in jail, a fine of $1,000 to $5,000, a one-year license suspension, and mandatory alcohol highway safety school, potential treatment, and potential use of an IID (ignition interlock device).

While jail time may not be mandatory for a first offense, it is a possible sentence. The judge has discretion to impose incarceration based on the facts of the case. Consulting with a defense attorney is critical to exploring all legal options, such as the Accelerated Rehabilitative Disposition (ARD) program, which can help first-time, non-violent offenders avoid a conviction and the associated jail time and license suspension.