Former Prosecutor and Pittsburgh Criminal Defense and DUI Defense Attorney | Call 412-447-5580

PITTSBURGH HIGH RATE OF ALCOHOL DUI ATTORNEY

Those who are pulled over and later arrested on suspicion of Driving Under the Influence of Alcohol (DUI) will be asked to submit to chemical testing through blood or breath tests. Pennsylvania’s legal limit for Driving Under the Influence of Alcohol (DUI) is .08%. Anyone operating a vehicle with a blood alcohol content or breath alcohol content (BAC) exceeding .08% will be prosecuted for DUI in the Commonwealth of Pennsylvania.

In Pennsylvania, there are three tiers or levels of DUI offenses based upon chemical testing results of your blood or breath. If BAC testing in your case revealed a BAC ranging between .10 and .159%, you will be charged with a High Rate of Alcohol DUI. Other common terms for a High Rate of Alcohol DUI are a Tier 2 DUI or a Middle Tier DUI.

If you are facing a DUI based upon a High Rate of Alcohol, our experienced DUI attorneys can help protect your interests along the way.

What are the penalties for a High Rate of Alcohol DUI in Pennsylvania?

In Pennsylvania, the penalties you face for a DUI depend upon the number of prior offenses you have and the “tier” or level of your current DUI charge. The High Rate of Alcohol DUI charge is considered a Tier 2 or Middle Tier DUI Offense, and carries less severe penalties than a Highest Rate of Alcohol DUI, but more severe penalties than a DUI General Impairment Offense.

The penalties for a High Rate of Alcohol DUI in Pennsylvania are as follows:

First-Offense High Rate of Alcohol DUI: Ungraded misdemeanor carrying a 2-day mandatory minimum jail sentence, maximum sentence of up to 6 months in jail, fines ranging from $500 to $5,000, a 12-month license suspension. Ignition interlock is required for 1-year if convicted of this charge.
Second-Offense High Rate of Alcohol DUI: Ungraded misdemeanor carrying 30-day mandatory minimum jail sentence, maximum sentence of up to 6 months in jail, fines ranging from $750 to $5,000, a 12-month license suspension. Ignition interlock is required for 1-year if convicted of this charge.
Third-Offense High Rate of Alcohol DUI: 1st Degree misdemeanor carrying 90-day mandatory minimum jail sentence, maximum sentence of up to 5 years in jail, fines ranging from $1,500 to $10,000, a 18-month license suspension. Ignition interlock is required for 1-year if convicted of this charge.
Third-Offense High Rate of Alcohol DUI: 3rd Degree felony carrying 1-year mandatory minimum jail sentence, maximum sentence of up to 7 years in jail, fines ranging from $1,500 to $10,000, a 18-month license suspension. Ignition interlock is required for 1-year if convicted of this charge.

Is it possible to have the High Rate of Alcohol DUI reduced to a lower tier, DUI General Impairment charge?

There are occasions where a District Attorney is willing to concede a deviation of the test results. Typically, the Allegheny County Medical Examiner’s Toxicologist who analyzes your blood sample to determine your BAC will list a Measurement Uncertainty on the toxicology report. If this measurement uncertainty were to place your BAC below a .10%, then it may be possible to obtain a DUI General Impairment charge based upon having a BAC of .08-.099%.

For example, let’s say that your BAC results come back showing that your BAC was a .101%. However, the lab report also shows that there is a measurement deviation of .004%. The scientist who tested your blood sample is acknowledging that the result could be .004% higher or lower than the actual result. In other words, your test result range is between a .097% and a .104%. By accepting the lowest deviation in this example (.097%), then your BAC would fall into a lower tier.

Seek Representation from an Experienced Pittsburgh DUI Attorney

If you have been arrested for a DUI, you should expect to receive a police criminal complaint in the mail within 2-8 weeks from the arrest date. In the meantime, you should reach out to a Pittsburgh DUI Attorney to discuss your case, any potential defenses, and options for resolving your case. Defenses may include:

You were pulled over without the requisite probable cause or reasonable suspicion to believe you violated the vehicle code;
You were arrested and subjected to chemical testing without probable cause;
The results of your chemical test were inaccurate;
The instruments used to collect and test your BAC were inaccurate or otherwise faulty.

Pittsburgh lawyer Dave Zuckerman is a former DUI prosecutor who now defends those facing DUI offenses throughout Allegheny County and the surrounding counties in Western Pennsylvania. Attorney Zuckerman will fight to build a defense for those who want to go to trial or suppress evidence against them. In other cases, where the evidence is strong, we will help build a strategy for minimizing consequences. For a free consultation, call 412-447-5580.