DUI While on Probation in Philadelphia

If you commit a crime while on probation for another offense in Philadelphia, the situation can become legally complex very quickly. Prosecutors often push for the maximum possible penalties in these scenarios. If your original violation was a DUI and you are arrested again for the same offense, the stakes are incredibly high. The legal system in Pennsylvania generally prohibits alcohol consumption during probation, meaning any violation can lead to severe repercussions. If you find yourself in this position, it is vital to contact a qualified lawyer immediately to help navigate the charges against you.

How the System Works During the Probation Period

When you are arrested for a DUI while on probation, the legal process moves fast. Here is what you can generally expect:

• Immediate Incarceration: There is a strong possibility you will be held in jail without the option of posting bond.
• Probation Revocation: Your probation officer will file a violation statement, effectively revoking your probation.
• Legal Representation: This is where your attorney steps in to negotiate on your behalf with the prosecution.
• Facing Trial: You will likely face a new trial for the DUI, where your lawyer will work to minimize the sentence, keeping the probation violation in mind.
• Sentencing: The final step involves the court determining your punishment.

If you are facing these serious circumstances, consulting with a Philadelphia federal crimes lawyer can provide you with the guidance you need.

The Three-Tier System in Pennsylvania

In Pennsylvania, DUI offenses are categorized into a three-tier system based on the individual’s Blood Alcohol Concentration (BAC) at the time of arrest.

First Tier Offense: General Impairment

A BAC level between 0.08% and 0.099% is considered General Impairment. This is the lowest tier of offense, but the penalties are still significant:

• First Offense: Probation for up to six months and a $300 fine. You may also be required to attend alcohol highway safety school and undergo a treatment program.
• Second Offense: Jail time ranging from 5 days to six months, fines between $300 and $2,500, a one-year license suspension, and the installation of an Ignition Interlock Device (IID) for one year.
• Third Offense: Imprisonment from 10 days to two years, fines ranging from $500 to $5,000, a one-year license suspension, and mandatory IID installation for one year.

Navigating these penalties requires the expertise of a seasoned Philadelphia federal attorney who understands the nuances of state traffic laws.

Second Tier Offense: High Rate of Alcohol

A BAC between 0.10% and 0.159% falls into the High Rate of Alcohol category. The penalties increase significantly at this level:

• First Offense: Jail time from 48 hours to six months, fines between $500 and $5,000, a one-year license suspension, and mandatory attendance at alcohol highway safety school and a treatment program.
• Second Offense: Imprisonment from 30 days to six months, fines ranging from $750 to $5,000, a one-year license suspension, IID installation for one year, and mandatory safety school and treatment.
• Third Offense: Severe penalties including imprisonment for 90 days to five years, fines from $1,500 to $10,000, an 18-month license suspension, IID installation, and mandatory treatment.

Having a knowledgeable Philadelphia federal crimes lawyer by your side is essential when facing second-tier charges.

Third Tier Offense: Highest Rate of Alcohol

A BAC of 0.16% or higher is considered the Highest Rate of Alcohol. This tier carries the most severe punishments under Pennsylvania law:

• First Offense: Imprisonment ranging from 72 hours to six months, fines between $1,000 and $5,000, a one-year license suspension, and mandatory safety school and treatment.
• Second Offense: Jail time from 90 days to five years, fines ranging from $1,500 to $10,000, an 18-month license suspension, IID installation for one year, and mandatory treatment.
• Third Offense: Serious consequences including imprisonment for one to five years, fines between $2,500 and $10,000, an 18-month license suspension, and mandatory IID installation.

Given the severity of third-tier offenses, securing a Philadelphia federal attorney is critical for your defense.

How to Handle Being Pulled Over

If you are stopped by police while driving, how you react can impact your case:

• Do Not Resist: Resisting arrest will only add to your legal troubles and can be used against you in court.
• remain Silent about Intoxication: Do not admit to being drunk or having consumed alcohol.
• Wait for Legal Counsel: Do not provide any official statements to the police without your
• Philadelphia federal crimes lawyer present.

How Your Lawyer Can Help

To ensure the best possible outcome, you need a dedicated criminal defense attorney who can analyze the specifics of your case and build a strong defense strategy. The team at Logue Law Group will explore every legal avenue, aiming to have charges dismissed or negotiating for reduced sentencing where dismissal isn’t possible. Every DUI probation case is different and requires a tailored approach.

For a free consultation with an experienced Philadelphia federal attorney 844.PITT.DUI in the Philadelphia area, contact us online or call us today. Your future and your rights are our priority.