DUI With Blood Alcohol Over .16

Driving under the influence is always a serious offense. But if you are pulled over by the police and test .16 percent or more in your blood alcohol content (BAC), you are testing at the highest of the three BAC levels recognized by Philadelphia laws.

Even if it is your first arrested for drunk driving, the impact will be swift and damaging. You can lose your license for months, making it hard for you to get to work, run errands or see your friends. You may be looking at months or even years of jail time. You will need to hire an experienced DUI defense attorney as soon as you can.

Your BAC Level

When you are stopped by the police, you will be asked to take a Breathalyzer or some other kind of test such as a blood test, to find out what level of alcohol you have in your blood.

If your BAC is .16 or higher, you will be charged with DUI.

In Philadelphia, you have to be tested within two hours of your arrest. If you refuse to be tested, your driver’s license may be immediately suspended for a year or more.

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.

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.