If convicted of Driving Under the Influence and your Blood level is above .10%, or if this is a second or subsequent offense, the Legislature has set mandatory minimum prison time that must be imposed by the judge. Under the mandatory sentencing law, the judge does not have any discretion and must sentence you to the minimum jail sentence, which can start with a minimum of 2 days in jail for a first offense to 1 year in jail or more depending on prior record. The judge is allowed to sentence you to more than the minimum and he is also permitted to determine whether the sentence will be served in prison, on Work Release or on House Arrest.
There is a 10 year "look-back period" in which the District Attorney will review an individual's prior record to determine whether there were past convictions or ARD dispositions within the previous 10 years. The look-back period is calculated by determining the date of arrest on the new case and date of conviction (or ARD) for the prior case.
Pennsylvania Mandatory Minimum Sentences| Blood Alcohol Level | 1st Offense | 2nd Offense (w/in 10 yrs) | 3rd Offense (w/in 10 yrs) |
|---|---|---|---|
| .08 - .099% or Refusal of testing | 6 months probation $300 fine No license suspension | 5 days – 6 months jail $300 - $2,500 fine 1 year license suspension | 10 days–2 years jail $500 - $5,000 fine 1 year license suspension |
| .10 - .159% | 2 days – 6 months jail $500 - $5,000 fine 1 year license suspension | 30 days – 6 months jail $750 - $5,000 fine 1 year license suspension | 90 days – 5 years jail $1,500 - $10,000 fine 18 months license suspension |
| .16% + or Drugs | 3 days – 6 months jail $1,000 - $5,000 fine 1 year license suspension | 90 days – 5 years jail $1,500 - $10,000 fine 18 months license suspension | 1 year – 5 years jail $2,500 - $10,000 fine 18 months license suspension |
If this is a second or third offense within the 10 year look-back period, the mandatory minimum prison sentence is dramatically increased ranging from 5 days in prison to 1 year in jail.
Second Offense convictions (within 10 years) carry with it a mandatory minimum 5 days in prison for a lowest level DUI; a mid-level DUI a mandatory minimum 30 days in prison, and a highest level DUI a mandatory minimum 90 days in prison.
Third offenses (within 10 years) carry a mandatory minimum 10 days in prison for a lowest level DUI; a mid-level DUI a mandatory minimum 90 days in prison and a 1 year mandatory minimum for 3rd offense highest level cases.
Keep in mind that these are mandatory minimum sentences. By law, a judge is not permitted to give less than the recommended minimum sentence. He must impose jail time that is set by the legislature. The judge is, however, allowed to give more than the minimum sentence which can become a concern if there are several past priors or if there are any aggravating factors, such as injuries, flight from the scene, resisting arrest or any other aggravating factors.
Depending on the county, house arrest, rather than incarceration, could be a possibility and is left to the sentencing judge's discretion. If house arrest is granted by the sentencing judge, the sentence is served in the individual's home rather than the county prison, and the individual is typically permitted to leave the home to work.
No matter if this is a first, second or third DUI, it is best to immediately contact an experienced DUI attorney to represent you in court and fight for your rights. The experienced attorneys at Ellis B. Klein & Associates have handled over 10,000 cases of Driving Under the Influence. We promise to provide you with the dedicated, comprehensive and caring legal representation that you deserve. We understand how upsetting and confusing a criminal charge can be, and you have our promise that we will fight zealously to ensure that you are given the best defense. To schedule your free consultation, call us now at (800) 536-0501 or contact us online.
Application for House Arrest should be done in advance of sentencing.
Additionally, the chances of House Arrest are increased if the individual immediately seeks intensive alcohol treatment such as inpatient or outpatient treatment and/or attends frequent Alcoholics Anonymous (AA) meetings. If this is a second or third offense, the sentencing judge assumes that the individual has an alcohol problem. The best way to avoid jail and get house arrest is by immediately seeking alcohol counseling and abstain from the use of alcohol.
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