Understanding a DUI Charge: Is It a Felony?

- The driver’s blood alcohol concentration (BAC) at the time of the arrest
- A prior history of DUI arrests
- Whether or not an accident, injury or fatality was involved
In addition to the legal consequences, a DUI conviction can also lead to higher insurance rates for as long as the charge remains on your record. When making decisions following a DUI charge, it’s important to be informed of the law and take these factors into consideration.
Misdemeanor DUI Charges
Although Pennsylvania has some of the strictest alcohol-related laws in the country, most DUI charges are classified as a misdemeanor. State law categorizes misdemeanor DUI charges into three severity levels based on BAC:
- Lowest penalty, for BAC levels between 0.08 and 0.099
- Higher penalty, for BAC levels between 0.10 and 0.159
- Highest penalty, for BAC levels of 0.160 and above
First offenders generally face a fine of up to $300. Penalties increase considerably for repeat offenses, and for a second infraction, fines can range anywhere from $300 to $2,500 depending on the severity level. There is also the potential for a 12-month license suspension and up to 6 months in jail. Third and subsequent offenders may face up to two years in jail and $5,000 in fines, and they can have their licenses suspended for up to a year.
When Is a DUI a Felony?
Felony DUI charges are typically only pursued when an injury or fatality occurs. Through the use of sentencing enhancements, the prosecutor in a DUI case may petition to bump charges up to one of the following:
- Felony DUI with injury — When someone other than the driver is hurt in an accident, the state will often choose to pursue felony DUI with injury charges. A conviction of a felony DUI can entail fines up to $5,000, six months in jail and a one-year license revocation, regardless of BAC or prior offenses.
- Aggravated assault while under the influence — Felony DUI with injury usually involves minor injuries. In cases where long-term impairment or permanent disfigurement occurred, aggravated assault charges may be pursued. Penalties for these offenses include up to $25,000 in fines and 10 years in jail.
- Homicide while under the influence — As the most severe type of DUI charge, homicide while under the influence is a second degree felony punishable by fines of $25,000 and between three and ten years in jail for each victim.
Representation Without Judgment From MPL Law
Due to the wide range of potential consequences, anyone facing a DUI charge — regardless of whether or not there was an injury involved — should speak with a lawyer for a clear picture of their legal options. For an honest assessment of your case, contact the York, PA office of MPL Law today.


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