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Extreme DUI
In Pennsylvania, driving with a Blood Alcohol Concentration (BAC) of 0.08 percent or higher is illegal. However, when a driver’s BAC is significantly above this limit, specifically exceeding 0.10 percent, it is classified as an “extreme DUI.” A conviction for an extreme DUI results in much harsher penalties than a standard DUI.
Pennsylvania law organizes DUI offenses into different tiers based on the driver’s BAC level at the time of the incident. These classifications directly influence the severity of the punishments.
Pennsylvania’s BAC Tiers and Penalties
To better understand the consequences, it’s helpful to look at how Pennsylvania categorizes DUI charges based on BAC levels:
- General Impairment (BAC 0.08% – 0.099%): A person charged with General Impairment DUI can face up to six months in jail and fines of up to $300. Additionally, the mandatory installation of an ignition interlock device on their vehicle is required. For expert guidance on these charges, consulting a Wellsburg criminal lawyer is advisable.
- High BAC (BAC 0.10% – 0.159%): For this tier, the penalties increase significantly. An individual faces imprisonment for a period of two days to six months, a 12-month license suspension, and fines that range from $500 to $5,000.
- Highest BAC (BAC 0.16% or higher): This is the most severe tier for a first-time offense. The consequences include incarceration from 72 hours up to six months, a mandatory 12-month license suspension, and fines between $1,000 and $5,000.
Drivers convicted of an extreme DUI will often face even greater fines and longer jail sentences than those listed above. If the drunk driving incident also causes an accident resulting in injuries, the legal penalties become even more severe. Navigating such a complex situation requires the expertise of a Wellsburg DUI attorney.
Enhanced Penalties for Extreme DUI Convictions
Most DUI charges in Pennsylvania are classified as misdemeanors, which typically carry a maximum prison sentence of two years. However, an extreme DUI can trigger enhanced penalties. These enhancements are determined by several factors, including any prior offenses within the last ten years. This history includes previous convictions, preliminary dispositions, acceptance of an Accelerated Rehabilitation Disposition (ARD), or a juvenile consent decree. Refusing to submit to a breathalyzer or blood test can also lead to sentence enhancements. A Wellsburg criminal lawyer can clarify how these factors apply to your case.
During sentencing, the court carefully considers any previous DUI convictions. The penalties for refusing a blood or breath test can include additional jail time and fines, but the prosecutor must successfully prove the refusal occurred to secure these enhanced punishments. Furthermore, having a prior DUI conviction can elevate the penalty category, resulting in more severe consequences.
In December 2018, Pennsylvania enacted stricter DUI laws, specifically targeting extreme and repeat offenders. Under these updated laws, any person caught driving with a BAC above 0.16 percent can be charged with a felony. Similarly, individuals facing their fourth, fifth, or subsequent DUI also face felony charges. If a drunk driving incident with a prior DUI on record results in the death of another person, it can lead to a first-degree felony charge. This is a very serious legal matter where a Wellsburg DUI attorney is essential.
Additional prison time can be imposed under specific circumstances. For instance, if someone causes a death while driving drunk and is also driving with a suspended license or no license at all, they could face an additional five years in prison. An aggravated assault charge while driving without a license may add an extra two-year prison sentence.
It is absolutely vital to share every detail of your situation with your Wellsburg DUI attorney. This allows them to build the strongest possible defense for you. They will explain the specific charges you face, detail your legal options, and provide support throughout the entire criminal justice process.
Contact an Experienced Wellsburg Criminal Lawyer
If you or a loved one is facing charges for an Extreme Driving Under the Influence offense in or near Wellsburg, it is critical to get help from an experienced Wellsburg criminal lawyer. The Logue Law Group team serves Wellsburg and surrounding communities in West Virginia and Ohio. To arrange a free initial consultation with a knowledgeable lawyer from Logue Law Group, call us today at 844-PITT-DUI. You can also contact us through our website.
Act now! The longer you wait to secure legal representation, the more difficult it can be for an attorney to achieve a positive outcome in your case. Do not delay—make the call today.











