Pittsburgh DUI Lawyer George Heym 

FORMER ALLEGHENY COUNTY DUI PROSECUTOR!

DUI Mandatory Sentences
The Law Offices of George Heym 564 Forbes Ave, Suite 810 Pittsburgh, PA 15219 412-521-2628

Q.

What are DUI mandatory sentences?

A. Under Pennsylvania law conviction for a DUI carries a mandatory minimum sentence. Mandatory means that the Judge has no discretion and must sentence you to at least the mandatory amount of time. Almost all DUI mandatories require jail time of between 48 hours and 1-2 years in prison depending on your BAC and the number of prior DUI’s that you have within the past ten years.

Q.

How are DUI mandatory sentences calculated?

A. They are calculated based upon two factors. First, your BAC which Pennsylvania DUI Law breaks into the following three Tiers: Tier I is .08% to .099%; Tier II is .10% to .159%; and Tier III is .16% or higher. The second factor is the number of DUI convictions that you have in the past ten years. For the purposes of calculating DUI mandatory sentences  an ARD for DUI within 10 years will count as a prior conviction.  Below is a chart which shows the mandatory sentence calculations with mandatory driver’s license suspensions and maximum fines. BAC     1st Offense    2nd Offense   3rd Offense

Q.

Will I have to go to jail no matter what?

A. Not necessarily. If you are accepted into a pre-trial diversionary program like Accelerated Rehabilitative Disposition (ARD) you may avoid jail time. It may also be possible to negotiate a plea agreement which allows you to serve a mandatory jail sentence in an alternative to jail such as house arrest or a halfway house. This is possible because Pennsylvania Law considers these to be incarceration just like jail. In Pennsylvania, it will vary from county to county as to what the District Attorney and Courts will allow. Only an experienced DUI Attorney can tell you what the likely outcome in any particular county might be.
Tier I .08% to .99%
Tier II .10% to .159%
Tier III .19% or Higher DUI Controlled Subs Refusal
6 month Probation No License Susp $300 fine
5 Days Jail 12 months Lic. Susp Up to $2,500 fine
10 days in Jail 12 month Lic. Susp. Up to $5,000 fine
48 Hours Jail 12 month Lic. Susp. Up to $5,000 fine
30 Days Jail 12 month Lic. Susp. Up to $5,000 fine
90 Days Jail 18 month Lic. Susp. Up to $10,000 fine
72 Hours Jail 12 month Lic. Susp. Up to $5,000 fine
90 Days Jail 18 month Lic. Susp. Up to $10,000 fine
1 Year Prison 18 month Lic. Susp. Up to $10,000 fine
Fourth Offense or Higher: will always carry (regardless of BAC) 1 Year Prison 18 month Lic. Susp. Up to  $10,000 fine
T.O.C. next page prev page
Call or Text me on my Cell Phone 24/7 at 412-216-4984
Pittsburgh DUI Lawyer George Heym accepts all credit cards
Free DUI Consultation
DUI Mandatory Sentences
The Law Offices of George Heym 564 Forbes Ave, Suite 810 Pittsburgh, PA 15219 412-521-2628

Q.

What are DUI mandatory

sentences?

A. Under Pennsylvania law conviction for a DUI carries a mandatory minimum sentence. Mandatory means that the Judge has no discretion and must sentence you to at least the mandatory amount of time. Almost all DUI mandatories require jail time of between 48 hours and 1-2 years in prison depending on your BAC and the number of prior DUI’s that you have within the past ten years.

Q.

How are DUI mandatory

sentences calculated?

A. They are calculated based upon two factors. First, your BAC which Pennsylvania DUI Law breaks into the following three Tiers: Tier I is .08% to .099%; Tier II is .10% to .159%; and Tier III is .16% or higher. The second factor is the number of DUI convictions that you have in the past ten years. For the purposes of calculating DUI mandatory sentences  an ARD for DUI within 10 years will count as a prior conviction.  Below is a chart which shows the mandatory sentence calculations with mandatory driver’s license suspensions and maximum fines. BAC   1st Offense 2nd Offense     3rd Offense

Q.

Will I have to go to jail no matter

what?

A. Not necessarily. If you are accepted into a pre-trial diversionary program like Accelerated Rehabilitative Disposition (ARD) you may avoid jail time. It may also be possible to negotiate a plea agreement which allows you to serve a mandatory jail sentence in an alternative to jail such as house arrest or a halfway house. This is possible because Pennsylvania Law considers these to be incarceration just like jail. In Pennsylvania, it will vary from county to county as to what the District Attorney and Courts will allow. Only an experienced DUI Attorney can tell you what the likely outcome in any particular county might be.
Tier I .08% to .99%
Tier II .10% to .159%
Tier III .19% or Higher DUI Controlled Subs Refusal
6 month Probation No License Susp $300 fine
5 Days Jail 12 months Lic. Susp Up to $2,500 fine
10 days in Jail 12 month Lic. Susp. Up to $5,000 fine
48 Hours Jail 12 month Lic. Susp. Up to $5,000 fine
30 Days Jail 12 month Lic. Susp. Up to $5,000 fine
90 Days Jail 18 month Lic. Susp. Up to $10,000 fine
72 Hours Jail 12 month Lic. Susp. Up to $5,000 fine
90 Days Jail 18 month Lic. Susp. Up to $10,000 fine
1 Year Prison 18 month Lic. Susp. Up to $10,000 fine
Fourth Offense or Higher: will always carry (regardless of BAC) 1 Year Prison 18 month Lic. Susp. Up to  $10,000 fine
T.O.C. next page prev page
For a Free DUI Consultation Call or Text me on my Cell Phone 24/7 412-216-4984
Pittsburgh DUI Lawyer George Heym accepts all credit cards
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Pittsburgh DUI Lawyer George Heym 

Former DUI Prosecutor!

Exclusively Defending DUI Cases!