If you have been stopped for DUI, it is important to contact an experienced criminal defense attorney to discuss your rights and options. As a former prosecutor, and now as a criminal defense attorney, I have handled literally hundreds of DUI cases in Texas.
I will explore all of your options including contesting the DUI/DWI charges and seeking alternative sentencing options such as the Accelerated Rehabilitative Disposition Program (ARD Program).
Driving under the influence (DUI) is treated by the criminal justice system as a serious crime. Texas’ tough sentencing guidelines and mandary minimum sentences have resulted in the state having some of the strictest DUI penalties in the nation.
A first-offense DUI conviction results in a mandatory prison sentence (of up to 72 hours in prison) along with other potential sanctions such as a driver’s license suspension, fines and treatment programs. A second or subsequent DUI offense in PA carries far greater mandatory minimum sentences and other conditions. And, a DUI conviction stays on a person’s criminal record indefinitely. For anyone charged with DUI it is important to hire an attorney who can evaluate all possible alternative dispositions, including ARD, to avoid these severe penalties.
My DUI defense practice includes drunk driving cases involving:
- First-offense and second, third or subsequent DUI
- DUI and drugs
- Juvenile DUI
- Commercial drivers and DUI
- DUI and out-of-state drivers
An Outline of DUI Laws and DUI Penalties
A person may be charged with driving under the influence if he or she drives a motor vehicle on a “highway” or “trafficway” in PA under the influence of alcohol or drugs. Police may stop a car for suspicion of DUI only if they have “probable cause” or “reasonable grounds” to believe that the driver has committed a crime or violation. Police may not randomly stop a car for no reason (although in the case of properly established “sobriety checkpoints”, the police are permitted to stop every car that passes the checkpoint).
DUI law has a three-tiered punishment system (set forth in the chart below) depending on a person’s blood-alcohol level. Penalties for DUI convictions increase with each tier. The least severe penalty applies for those who drive with a blood alcohol content of .08 to .099 percent. More severe penalties apply for those who drive with a blood alcohol content from .10 to .159 percent, and the harshest punishment applies to those with a blood alcohol content of .16 percent or greater. A person’s blood alcohol level must be determined from blood drawn within two hours after the individual was in actual control of the vehicle.
People who “refuse” or decline to take a blood-alcohol test upon request of the police are deemed to be in the highest blood-alcohol content tier.
Texas is one of the few states that has a “per se” law with respect to driving under the influence of various drugs. This means that if a person charged with DUI has any measurable amount of drugs in their system (even if the drug was ingested days or weeks prior to the arrest), they are punished as if they were in the highest alcohol level.
First Offense (DUI/Drunk Driving)
| Blood Alcohol Content | 0.08 – .099% | 0.10 – .159% | 0.16% and above |
| Minimum Sentence | n/a | 2 days | 3 days |
| Maximum Sentence | n/a | 6 months | 6 months |
| License Suspension | n/a | 12 months | 12 months |
Second Offense (DUI/Drunk Driving)
| Blood Alcohol Content | 0.08 – .099% | 0.10 – .159% | 0.16% and above |
| Minimum Sentence | 5 days | 30 days | 90 days |
| Maximum Sentence | 6 months | 6 months | 5 years |
| License Suspension | 12 months | 12 months | 12 months |
Third Offense (DUI/Drunk Driving)
| Blood Alcohol Content | 0.08 – .099% | 0.10 – .159% | 0.16% and above |
| Minimum Sentence | 10 days | 90 days | 1 year |
| Maximum Sentence | 2 years | 5 years | 5 years |
| License Suspension | 12 months | 18 months | 18 months |
Fourth and Subsequent Offense (DUI/Drunk Driving)
| Blood Alcohol Content | 0.08 – .099% | 0.10 – .159% | 0.16% and above |
| Minimum Sentence | 10 days | 1 year | 1 year |
| Maximum Sentence | 2 years | 5 years | 5 years |
| License Suspension | 12 months | 18 months | 18 months |
