In Pennsylvania, you can be charged with driving under the influence (DUI) for operating a vehicle with a blood alcohol concentration (BAC) of .08% or more or while under the influence of (impaired by) drugs or alcohol. Most DUI convictions are misdemeanor criminal offenses. However, certain aggravating factors can make a DUI a felony, a more serious criminal offense.
Here are some of the circumstances that can result in felony DUI charges in Pennsylvania.
Generally, a first, second, or third DUI is a misdemeanor in Pennsylvania. But if a driver has three or more prior DUI convictions within the past ten years, the current offense will be a third-degree felony.
A third DUI conviction is a third-degree felony if:
The jail time, fines, and other penalties depend on the specific circumstances of the offense.
DUIs involving serious injuries to another person are second-degree felonies. Convictions carry up to ten years in prison and a maximum $25,000 in fines.
Causing the death of another person while driving under the influence is considered "homicide-by-vehicle," a second-degree felony. Convicted motorists are looking at three to ten years in prison and a maximum $25,000 in fines.