Driving under the influence (DUI) charges are relatively common in Pennsylvania. Drivers may wind up arrested after encountering a sobriety checkpoint, involvement in a collision or one-on-one traffic stops. If police officers see signs of poor driving capabilities, they can briefly detain a driver to determine if they are over the legal limit. Drivers who fail roadside sobriety tests or chemical tests may end up spending a night in jail and could face DUI charges.
Most of the time, DUI allegations result in misdemeanor charges. However, certain scenarios may allow a prosecutor to bring a felony DUI charge against a driver. When are enhanced DUI charges a possibility in Pennsylvania?
When drivers have extremely high alcohol levels
Pennsylvania law recognizes three different categories of blood alcohol concentration (BAC) in DUI cases. Anyone who is at or over 0.08% is at risk of prosecution. Those with a BAC of 0.10 or higher could face enhanced penalties because of a high BAC. Once a driver’s BAC reaches 0.16%, they face more serious penalties for falling into the highest BAC category. A driver with multiple prior offenses in the highest category could face a felony charge for a third DUI arrest involving a BAC of 0.16% or higher.
When they have repeat prior offenses
Increasing penalties is standard practice in criminal cases involving repeated offenses. If a driver has three prior DUI convictions, then the state could pursue a felony charge for a fourth or subsequent DUI offense.
When they harm other people
If the state alleges that a driver was under the influence and caused a crash, the impact their decisions have on other people could lead to increased charges and penalties. If an impaired motorist allegedly caused a crash that put other people in the hospital or resulted in someone dying, the state could pursue a felony charge against that driver.
The possibility of felony charges in the future makes defending against a first or second DUI allegation a smart decision. Those facing felony DUI charges may want to fight back to avoid a potentially life-altering conviction and criminal record. Learning more about Pennsylvania’s DUI regulations can help those recently arrested on allegations of impaired driving plan how to respond.