DUI with a BAC Over .16 in Pennsylvania

What Does a BAC Over .16 Mean in Pennsylvania?

Pennsylvania’s DUI laws categorize offenders into different levels of impairment based on their Blood Alcohol Content (BAC) at the time of arrest. The higher your BAC, the more severe the legal consequences, as the state considers higher BAC levels to reflect a greater risk to public safety.

Pennsylvania uses a tiered system for DUI offenses, which is outlined below:

• General Impairment: BAC between .08 – .099
• High Rate of Alcohol: BAC between .10 – .159
• Highest Rate of Alcohol: BAC .16 or higher

In Pennsylvania, if your BAC is above .16, it means you are highly impaired, and the state treats this level of impairment as a serious violation.

A skilled DUI attorney may be able to challenge the evidence or negotiate reduced penalties, depending on the specifics of your case.

Penalties for a DUI with a BAC Over .16

A conviction for a DUI in the “Highest Rate of Alcohol” category comes with serious legal consequences, even for first-time offenders.

Penalties associated with a BAC over .16 for first time offenders include:

• Mandatory Jail Time: At least 3 days in jail, up to 6 months, depending on the case and any aggravating factors (such as accidents, children and passengers in the vehicle, or prior offenses).
• Substantial Fines: Fines can reach up to $5,000.
• License Suspension: A one-year license suspension.
• Ignition Interlock Device: You will be required to install an ignition interlock device in your vehicle, which ensures that you cannot drive if you are impaired by alcohol.
• Alcohol Treatment Programs: Participation in alcohol treatment or rehabilitation programs is mandatory.

If you find yourself facing a DUI charge at this level, it’s crucial to work with a DUI attorney who can help you navigate the legal process and explore possible defenses to help get your life back on track.

The Consequences of a BAC Over .16

A DUI conviction with a BAC over .16 can have significant and long-lasting consequences that extend beyond immediate penalties, such as:

Criminal Record

A DUI conviction becomes part of your permanent criminal record, which can be accessed by employers, landlords, and anyone conducting background checks. For certain professions, such as those in healthcare, law, or education, a DUI conviction may lead to job loss or disqualification from specific career opportunities.

Higher Insurance Costs

A DUI conviction can significantly increase your car insurance premiums, as insurance companies consider DUI offenses to be high-risk behavior.

Career Impact

A DUI on your record can limit employment opportunities. Whether you drive for your job or not, a DUI conviction can harm your reputation and career progression.

Personal Impact

A DUI conviction can strain your relationships with family, friends, and colleagues. Legal troubles, financial difficulties, and the stigma associated with a DUI charge can lead to stress in personal relationships.

Financial Strain

The financial burden of a DUI extends far beyond the fines imposed by the court. You may face significant legal fees for costs associated with mandatory programs such as alcohol education or rehabilitation.

In addition to fines, you may also face costs related to license reinstatement, court-ordered community service, and installing an ignition interlock device in your vehicle.

Defenses for a DUI with a BAC Over .16

A strong defense strategy is essential when facing a DUI charge with a BAC over .16,. Our principal attorney Michael Fienman focuses on DUI defense and will employ advanced legal tactics tailored to the specifics of your case to challenge the evidence and potentially reduce penalties or have charges dismissed altogether. Common defense tactics include:

Challenging the Traffic Stop

Police officers must have reasonable suspicion or probable cause to pull you over. If the traffic stop was made without proper justification, any evidence gathered after the stop could be inadmissible in court.

Questioning Test Accuracy

Breathalyzer and blood tests, while commonly used in DUI investigations, are not infallible. These tests can be prone to errors. Often, prosecutors accept lab reports and test results at face value. Without a skilled attorney to challenge the lab or breathalyzer test results, a flawed result may be used to convict you.

Examining Field Sobriety Testing

Field sobriety tests (FSTs) are designed to assess a driver’s impairment, but they are not always accurate indicators of intoxication. These tests are highly subjective, and factors such as poor weather conditions, uneven road surfaces, or medical conditions (such as a leg injury, neurological disorder, or needing contacts and glasses) can lead to poor performance. Moreover, officers are not always trained or up to date on the proper administration of the tests which is another way to challenge their admissibility. 

Highlighting Procedural Errors

Law enforcement officers must follow strict protocols during DUI investigations. If they deviate from these procedures, it could undermine the validity of the case against you. This includes not reading you your Miranda rights, failing to offer you a breathalyzer test, or not properly documenting the arrest.

Medical Conditions or Medications

Certain medical conditions or medications can mimic the symptoms of impairment, such as slurred speech, unsteady gait, or poor coordination. Mr. Fienman is an attorney who regularly works with medical experts to demonstrate that an underlying condition, not alcohol, may have caused your physical symptoms.

Rising BAC Defense

In some cases, your BAC may have been below the legal limit at the time of driving but increased by the time you were tested due to the absorption of alcohol into your bloodstream. This is known as the “rising BAC” defense.

Mike Fienman is an accomplished DUI attorney who can help you mount a compelling case by employing these defense strategies and leveraging his experience and deep understanding of Pennsylvania DUI law.

Why Choose Fienman Defense To Help You Fight a DUI Charge?

Selecting the right DUI lawyer is a critical decision. Fienman Defense offers unmatched skill, experience, and commitment to those looking to fight a DUI charge and keep their record clear.

Here’s what sets Attorney Michael Fienman apart:

Extensive Experience

Attorney Fienman has successfully represented DUI clients across Pennsylvania and New Jersey but generally concentrates his practice in Philadelphia, Cherry Hill, and nearby counties. He has an impressive record in helping clients with DUI charges. His deep knowledge of DUI laws in Pennsylvania and New Jersey enables him to offer strategic guidance at every stage of your case.

Advanced Training in DUI Detection & Field Sobriety Assessment

With specialized training in DUI detection methods and standardized field sobriety testing approved by the National Highway Traffic Safety Administration (NHTSA), the same training as most Pennsylvania police officers, attorney Fienman brings more sophistication to your defense.

This training empowers him to identify procedural errors and flaws in evidence, providing a robust defense against DUI charges.

Client-Focused Approach

Our clients receive dedicated, compassionate representation tailored to their unique needs. Attorney Fienman understands the stress of a DUI charge and remains committed to supporting clients through every step of the legal process.

Call Fienman Defense at 215-987-4302 for a free consultation. 

Attorney Michael H. Fienman represents clients in criminal and traffic matters throughout Pennsylvania and New Jersey. Mr. Fienman 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.

FAQs About DUIs with a BAC Over .16 in Pennsylvania

What happens if I get a DUI with a BAC over .16 in Pennsylvania?

In Pennsylvania, a BAC over .16 is considered a Highest Rate DUI, which carries serious penalties. These may include a mandatory minimum of three days in jail, a fine up to $5,000, a one-year license suspension, ignition interlock requirements, and mandatory alcohol treatment programs.

Can I avoid jail time for a DUI with a BAC over .16?

While jail time is mandatory for DUIs with a BAC over .16, the exact length of incarceration depends on the circumstances of your case and any potential mitigating factors. In some cases, alternative sentencing options such as house arrest, inpatient treatment or work release may be available. Consulting with a DUI attorney can help you explore options to minimize jail time.

Will a DUI conviction with a BAC over .16 affect my driving privileges?

Yes, a DUI conviction with a BAC over .16 will result in a one-year driver’s license suspension. However, you may be immediately eligible to obtain an ignition interlock limited license.

How can an attorney help if I’m facing a DUI with a BAC over .16?

A well-trained DUI attorney can help challenge the evidence in your case, from the traffic stop to the chemical test results. They can review the accuracy of the field sobriety tests and chemical testing procedures, identify procedural errors, and negotiate for reduced penalties or alternative sentencing programs.

Can I get my DUI with a BAC over .16 expunged from my record?

While DUI convictions involving a BAC over .16 are more serious, first-time offenders may still qualify for the ARD program, which allows for expungement, assuming all conditions are met. Your attorney can help you determine eligibility for this program and guide you through the process.

What’s the difference between a DUI with a BAC over .16 and other DUI offenses?

Under Pennsylvania law, a DUI with a BAC over .16 is categorized as the Highest Rate of Alcohol, which carries stricter penalties compared to General Impairment or High Rate of Alcohol DUIs. While a BAC between .08 and .099 results in less severe penalties, a BAC over .16 triggers mandatory jail time, higher fines, and a license suspension.

Can I avoid a DUI conviction if I have a BAC over .16?

While a conviction is possible in any DUI case, there are often ways to reduce or avoid the harshest penalties, especially if this is your first offense. A dedicated DUI attorney will investigate potential defenses, challenge any procedural errors in the arrest or testing process, and work to secure a favorable outcome, potentially avoiding a conviction or reducing the penalties you face.