Jail Sentences for DWI Convictions

Drunk driving is considered a criminal offense in Pennsylvania. As a result, you face significant jail time if you are convicted. Additionally, since judges have so much discretion when it comes to handing down jail sentences in DUI cases, it is crucial that you have an experienced attorney on your side.

Levittown DWI Attorneys

Kamensky Cohen & Riechelson is a DUI defense team with more than 40 years of experience handling drunk driving cases in Hilltown, Riegelsville, and elsewhere in Bucks County, PA. Our DUI litigation team has a hard-earned reputation for doing whatever it takes to win DUI cases and keep our clients out of jail. Call us today to begin your defense.

More Jail Time for Higher Levels of Intoxication in Pennsylvania

A person’s level of intoxication can affect their potential punishments, including the length of any jail sentence imposed by the court for a DUI conviction. Although the legal limit for drivers in Pennsylvania is .08 percent blood alcohol concentration (BAC), the penalties for a DUI offense may be enhanced if the driver’s BAC is particularly high.

  1. Tier 1: .08–.099 percent BAC
  2. Tier 2: .10–.159 percent BAC
  3. Tier 3: .16 percent BAC or greater

Mandatory Jail Time for Multiple DUI Offenses in Bucks County

The length of a potential jail sentence is also determined by the number of prior DUI offenses on your record. If you have been convicted of a DUI within the past 10 years, the penalties can be severe. Anyone convicted of multiple drunk driving violations will face mandatory jail time.

First Offense:

A first-time offender with a low BAC is typically able to avoid jail time and instead receive 6 months of probation. However, a violation of probation may result in an offender being sentenced to jail time. Moreover, a first offense in a higher tier will result in a mandatory minimum sentence of 2 days in jail.

Second Offense:

The punishments for a second offense DUI vary, depending upon the tier. The penalties range from 5 days to 5 years.

Third Offense:

The potential jail time for a third offense DUI is significant. At a minimum, you will be facing 10 days in jail for a third offense. If you are convicted of a DUI with an extremely high BAC, you could be looking at a minimum of 1 year in jail.

Fourth Offense:

A fourth DUI offense within a period of 10 years will result in serious consequences, especially if you fall into the second or third tier. Anyone convicted of a fourth DUI violation with a high BAC will be subject to a mandatory minimum sentence of 1 year in jail. In the worst cases, you could be sentenced to 5 years in jail.

More Jail Time for Serious DUI Accidents

If you are convicted of a DUI and were involved in an accident that caused death or bodily injury to someone else, you could face additional criminal charges and significant jail time.

Avoid Jail Time with Accelerated Rehabilitative Disposition

Even if you are convicted of a DUI, you might be able to avoid a jail sentence, or at least get a reduced sentence, by securing admission into a diversionary program such as Accelerated Rehabilitative Disposition (ARD). ARD is available to first-time offenders who are approved by the local District Attorney’s Office. Successful completion of the ARD program will result in all charges being dismissed and, most importantly, allow the defendant to stay out of jail.

Contact a Bensalem DWI Attorney

The DUI attorneys at Kamensky Cohen & Riechelson will do everything possible to win your drunk driving case and ensure that you avoid jail. Call us today to discuss your DUI charges, or email us to schedule a free consultation at our office in Bensalem, PA.