DUI While On Probation

In Pennsylvania if you are on probation for one crime – and allegedly commit another – prosecutors will treat you harshly for not following through the terms of your probation. If your probation violation involves a DUI, the repercussions may be extremely negative –particularly if your probation stipulated that you were not supposed to have alcohol.

If you are charged with a new DUI while on probation, it is likely your probation will be revoked and you will risk jail and fines. It is crucial that you retain an experienced criminal defense attorney as soon as possible.

Steps In The Violation of Probation Process

• Your arrest for driving under the influence will start the process in motion.
• You will appear in court on your DUI.
• Your probation officer will find out about your charges. He or she will start the revocation of probation process by filing a statement of violations.
• If you are arrested for your probation violation and sent to jail you might be denied bond.
• Your attorney will negotiate with the prosecutor to establish that you did not violate probation.
• You will go in front of a judge for a hearing. Your defense attorney will try to lessen your penalties if you are found to have violated probation.
• You will be sentenced.

Philadelphia’s Three-Tier System

Philadelphia uses a three-tier system based on the level of alcohol in your blood to determine your level of punishment for a DUI.

First tier (BAC of .08 to .099) is general impairment and it is the lowest level. It is punished with:

First tier, first offense —

• Up to six months probation
• $300 fine
• Alcohol highway safety school
• The court may order you to take a treatment program

First tier, second offense—

• Five days to six months in jail
• $300 to $2,500 in fines
• One year license suspension
• You will have an ignition interlock device on your car for one year. You will be unable to start your car without passing a BAC test.

First tier, third offense—

• 10 days to two years in prison
• $500 to $5,000 in fines
• One year license suspension
• The court may order you to take a treatment program
• An ignition interlock device on your car for one year

Second tier (BAC of .10 to .159) is high impairment and it is the middle tier. It is punished with:

Second tier, first offense–

• Two days to six months in prison
• $500 to $5,000 in fines
• One year license suspension
• Alcohol highway safety school
• The court may order you to take a treatment program

Second tier, second offense—

• 30 days to six months in prison
• $750 to $5,000 in fines
• One year license suspension
• Alcohol highway safety school
• The court may order you to take a treatment program
• An ignition interlock device on your car for one year

Second tier, third offense—

• 90 days to five years in prison
• $1,500 to $10,000 in fines
• 18 month license suspension
• The court may order you to take a treatment program
• An ignition interlock device on your car for one year

Third tier (BAC of .16 or more) is the highest impairment. It is punished with:

Third tier, first offense—

• Three days to six months in prison
• $1,000 to $5,000 in fines
• One year license suspension
• Alcohol highway safety school
• The court may order you to take a treatment program

Third tier, second offense—

• 90 days to five years in prison
• $1,500 to $10,000 in fines
• 18 month license suspension
• Alcohol highway safety school
• The court may order you to take a treatment program
• An ignition interlock device on your car for one year

Third tier, third offense—

• One to five years in prison
• $2,500 to $10,000 in fines
• 18 month license suspension
• The court may order you to take a treatment program
• An ignition interlock device on your car for one year

More Negative Impacts Of A DUI

• DUI convictions will give you a criminal record that can impact your ability to get a good job.
• With any DUI conviction, your car insurance rates are likely to go up.
• If someone was injured or killed while you were driving drunk, you may draw an enhanced sentence with harsher penalties. You can also be sued in a civil court for damages.

What To Do If The Police Pull You Over

• Do not try to talk your way out of the arrest
• Do not tell them you have been drinking.
• If the police question you repeatedly, politely refuse to answer their questions and tell then you want a lawyer.

Your Defense

Depending on the circumstances of your case, among the many defenses your attorney may try to prove:

• You were not impaired
• The stop was not legal
• The DUI checkpoint did not meet standards
• They had no legitimate reason to stop you
• The test was administered incorrectly
• The test equipment was not calibrated properly
• You were not the driver
• The police report had inaccuracies

How A Lawyer Will Help

When you are up against DUI charges, you need an attorney who will stand by you every step of the way, work hard to discredit any evidence – and work with you to determine your best course of action.

Pennsylvania DUI Law

DUI is described and defined under The Pennsylvania Code under Title 75, Chapter 38. Read the code here.

Standardized Field Sobriety Testing Certified

Attorney Michael H. Fienman represents clients in criminal and traffic matters throughout Pennsylvania and New Jersey. Mr. Fienman has completed the same DWI detection training as most law enforcement officers and he holds a certificate in Standardized Field Sobriety Testing approved by the National Highway Traffic Safety Administration (NHTSA) As an experienced trial attorney, he is a zealous advocate known for relentlessly defending clients in state court, federal court, and before administrative agencies.

Attorney Fienman is licensed to practice before the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the US District Court for the District of New Jersey, and the US District Court for the Eastern District of Pennsylvania.