A DUI can have devastating effects on your life. Your job record may be permanently stained, and you are likely to face heavy fines. Repeat offenders may find themselves without a way to get to work when their license is revoked. Jail time is also a possibility, especially when a felony DUI occurs. Jameson Stone has extensive experience in DUI defense here in south-central Pennsylvania, and our Harrisburg DUI attorney may be able to assist you if you are facing DUI charges.

Not every DUI infraction is graded in the same manner. There are several variables that determine whether you will receive a misdemeanor DUI or a felony DUI charge. Within these two classifications, there are varying degrees of severity. We will explain the differences and help you determine whether you need a Harrisburg, PA DUI defense attorney when dealing with a DUI charge.

What’s the Difference Between a Misdemeanor and a Felony DUI?

Understanding Pennsylvania DUI Law

DUI means driving under influence. This offense is defined in PA statute Title 75, section 3802. It includes both driving under the influence of alcohol and under the influence of other controlled substances. This section provides three ranges of blood alcohol concentration to determine the severity of impairment and includes rules for determining if someone is impaired by controlled substances.

Section 3802 Impairment Definition

Odds are you are familiar with the 0.08% BAC limit for DUI offenses. This number is common knowledge across the state, however, few people are aware that higher concentrations can lead to more severe penalties. Section 3802(a)(2) establishes general impairment as anywhere between 0.08% and 0.10%. A high rate of impairment falls between 0.10% and 0.16%. Severe impairment is any level above 0.16%.

With regards to substances, driving under the influence of any amount of a Schedule I substance can bring a charge, which means that even medical marijuana patients can be charged with a DUI if they drive under the influence of the drug, as marijuana remains under Schedule I. Schedule II and III medications, when taken without a prescription, can also result in a DUI charge. Non-classified drugs, if they impair your driving ability, can also lead to charges.

If you are operating a motor vehicle under any of the aforementioned conditions, you have committed a DUI offense. However, whether that offense qualifies as a misdemeanor or a felony depends on other factors. Although a higher level of impairment may make it more likely to receive a felony DUI, it is not the only variable in the equation.

When Is a DUI a Misdemeanor?

To determine whether a DUI merits a misdemeanor or felony charge, we need to examine the next section of Title 75, section 3803.

Generally, misdemeanor DUIs occur when there has been no accident or injury to yourself or others. If you are stopped by law enforcement and the officer determines you have been driving under the influence, you will receive a misdemeanor DUI. In fact, your first three DUI infractions may be considered misdemeanors under section 3803(a)(3).

If there is an accident or a person or their property is injured, the misdemeanor may be upgraded to a felony. However, this depends on whether you have previous DUI convictions and whether or not your impairment was the cause of the accident or injury.

Penalties for a Misdemeanor DUI

The penalties for misdemeanor DUIs vary depending on the severity of your impairment and how many prior offenses you have on your record. For example, if your first DUI came when you were driving with a 0.09% BAC, you will have to pay a fine of $300 and may be put on probation. However, a second offense with a BAC of 0.11% can result in a one-year suspension of your license in addition to fines up to $5,000.

PA law takes an even-handed approach, trying to balance punishment and rehabilitation. This means you may be asked to attend driver safety courses or receive treatment for alcohol abuse. Completion of these requirements may keep you out of prison in some cases.

Offenders are often required to put an ignition interlock on their vehicle. Often, an ignition interlock can be obtained so that an individual can drive during a period of suspension. This device tests your BAC before turning the engine to ensure you cannot drive impaired.

When Does a DUI Become a Felony DUI?

In most cases, a DUI is escalated to the felony level when bodily harm occurs. Exceptions to this include third-time offenders who refuse to take a BAC test when legally required to or who are under severe impairment or controlled substances on their third offense. There is also a separate condition for minors, which we will get to in a moment.

If you are involved in an accident while under the influence, you may face felony charges. However, if only property has been damaged, it may remain a misdemeanor. When bodily injury occurs, we have to examine section 3735 of Title 75 to determine whether a felony has occurred.

Aggravated Assault by Vehicle DUI

Under section 3735.1(a), anyone who causes bodily injury to someone else while driving under the influence in any way may be charged with a second-degree felony. However, there is one major caveat. Your impairment must be the cause of the injury, otherwise, you may still be given a misdemeanor charge.

So, hypothetically speaking, if you were over the legal BAC limit, and someone leaped out from the side of the road unexpectedly and collided with your vehicle, you may be able to avoid felony charges. However, if it can be determined that an unimpaired driver would have been able to avoid the collision, you may receive a felony charge.

Homicide by Vehicle DUI

Section 3735 calls for felony charges in the event that someone dies while you are committing any violation of section 3802. The word misdemeanor does not even appear once in the text of section 3735. There are no exceptions.

However, there are distinctions between degrees of felony charges. For example, if you cause someone’s death on your first DUI offense, you will receive a second-degree felony charge, while repeat offenders receive a first-degree charge.

Penalties for a Felony DUI

Based on PA Title 18, second-degree felonies can result in imprisonment of up to 10 years. First-degree felonies have no maximum sentence. Expect large fines that range between $5,000 and $25,000 for these offenses.

Section 3735(2) and (3) establish minimum sentences for DUI-related felonies. The bare minimum is three years’ imprisonment for each victim in the event of vehicular homicide. Second-time offenders face minimums of five years, and third-time offenders face at least seven.

PA DUI Law for Minors

The law is even stricter when it comes to minors. There is a very low minimum of 0.02% BAC instead of 0.08% for underage drivers. Note that this refers to all individuals under the legal drinking age of 21, not just to minors under the age of 18.

Get Professional Help From a Harrisburg DUI Attorney

If you have been charged with a DUI, it is in your best interests to speak to a DUI lawyer in Dauphin County. Here at Jameson Stone, we have DUI attorneys ready to help you understand the charges you are up against. We can help you get the best defense possible. Call Jameson Stone today or visit our website to schedule an appointment.