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The season of Halloween can be very exciting for not only children but adults too. It is a time where many people like to get together in costume and celebrate with friends, often involving alcohol. While can be fun, it is important to do so safely. This includes not operating a vehicle while under the influence. According to the National Highway Traffic Safety Administration, 44% of all traffic fatalities on Halloween night between 2012 and 2016 involved a drunk driving-related accident. In addition to this, 14% of pedestrian fatalities on Halloween involved a drunk driver. It is because of this that law enforcement in Pennsylvania is strict in keeping the roads safe over the holiday weekend and ensuring drunk drivers are penalized for their actions. With Halloween approaching, it is important to understand the consequences of driving under the influence. 

First Offense Penalties

In the state of Pennsylvania, a driver can be charged with driving under the influence (DUI) if their blood alcohol concentration (BAC) is between 0.08% and 0.099%. Those who are charged with a DUI for the first time over Halloween weekend can face the following consequences:

  • Ungraded misdemeanor
  • Probation up to 6 months
  • A fine of $300
  • Engagement in the alcohol highway safety school
  • Possible mandatory treatment

Second Offense Penalties

The state of Pennsylvania takes DUI offenses very seriously. It is because of this that the penalties for a second DUI charge can be much harsher than that of a first offense. This can include the following:

  • Ungraded misdemeanor 
  • License suspension for 12 months
  • Jail time between 5 days and 6 months
  • A fine between $300 and $2500
  • 1 year of ignition interlock device
  • Engagement in the alcohol highway safety school
  • Possible mandatory treatment

Third Offense Penalties

If a driver receives a third or subsequent DUI charge, they may be subject to the following penalties:

  • A second-degree misdemeanor charge
  • License suspension for 12 months
  • Jail time of 10 days to 2 years
  • Fines between $500 and $5000
  • Possible treatment when ordered
  • 1 year of ignition interlock device

High BAC DUI

If a driver’s BAC is between 0.10% and 0.159%, they can be charged with a High BAC DUI. Depending on the nature of the offense, the consequences of these charges can include a license suspension from 12 months to 18 months, jail time from 48 hours to 5 years, hefty fines, and more. If a driver’s BAC is greater than 0.16%, they can be charged with a Highest BAC DUI. The consequences of these charges can be even worse than a High BAC DUI. 

Contact our Firm

Attorney Newman has represented clients in Pennsylvania for over 45 years. If you need an experienced attorney to help guide you through the personal injury claims process or with any criminal defense matters, Attorney Newman is ready to help. Contact The Law Office of Neal E. Newman today to schedule a consultation.

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