Is a DUI a felony?

Question

I live in PA got Dui 17.7 alcohol level, first one i got 72 hours in jail coming up?Is this a felony in PA

Sorry it is a .177

Answer 1

A DUI is what's called an upgraded misdemeanor at any level in PA. As for the rest, I hope this helps:

There are now three levels of DUI in the state of Pennsylvania. The DUI law - creates a higher set of penalties for those having higher BAC levels. It allows for treatment at all levels, and requires alcohol highway safety school for all first and second time offender

The 3 Levels are:

General Impairment (.08 to .099% BAC)
High BAC (.10 to .159% BAC)
Highest BAC (.16% and higher)
Note: Under the DUI law minors, commercial drivers, school vehicle or bus drivers, and offenders involved in an accident that injures someone or causes property damage may be subject to the high BAC penalties even if their BAC is not in the high category. Offenders who refuse breath or chemical testing may be subject to the highest BAC penalties.

The following show the penalties for each of the BAC level:

Level One (Undetermined BAC, .08 to .099% BAC)

No prior DUI offenses

Upgraded Misdemeanor
Up to 6 months probation
$300 fine
Alcohol highway safety school
Treatment when ordered
With 1 prior DUI offense

Upgraded Misdemeanor
12 month license suspension
5 days to 6 months jail time
$300 to $2,500 fine
Alcohol highway safety school
Treatment when ordered
1 year ignition interlock
2 or more prior DUI offenses

2nd degree misdemeanor
12 month license suspension
10 days to 2 years prison
$500 to $5,000 fine
treatment when ordered
1 year ignition interlock
High BAC penalties (.10 to .159% BAC)

No prior DUI offenses

Upgraded misdemeanor
12 month license suspension
48 hours to 6 months prison
$500 to $5,000 fine
Alcohol highway safety school
Treatment when ordered
1 prior DUI offense

Upgraded misdemeanor
12 month suspension
30 days to 6 months prison
$750 to $5,000 fine
Alcohol highway safety school
Treatment when ordered
1 year ignition interlock
2 or more prior DUI offenses

1st degree misdemeanor
18 month license suspension
90 days to 5 years prison
$1,500 to $10,000 fine
Treatment when ordered
1 year ignition interlock
3 or more prior DUI offenses

1st degree misdemeanor
18 month license suspension
1 to 5 years prison
$1,500 to $10,000 fine
Treatment when ordered
1 year ignition interlock
High BAC penalties (.10 to .159% BAC)

No prior DUI offenses

Ungraded misdemeanor
12 month license suspension
48 hours to 6 months prison
$500 to $5,000 fine
Alcohol highway safety school
Treatment when ordered
1 prior DUI offense

Ungraded misdemeanor
12 month suspension
30 days to 6 months prison
$750 to $5,000 fine
Alcohol highway safety school
Treatment when ordered
1 year ignition interlock
2 or more prior DUI offenses

1st degree misdemeanor
18 month license suspension
90 days to 5 years prison
$1,500 to $10,000 fine
Treatment when ordered
1 year ignition interlock
3 or more prior DUI offenses

1st degree misdemeanor
18 month license suspension
1 to 5 years prison
$1,500 to $10,000 fine
Treatment when ordered
1 year ignition interlock


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The following outlines specific components of the law.

Accelerated Rehabilitative Disposition (ARD) Requires courts to impose suspensions for BAC ARDs based on the following BAC ranges:

Less than .10% - no suspension,
.10% to less than .16 - 30 day suspension, or
.16% and above - 60 day suspension
License Suspensions

Suspensions will be imposed as follows:

BAC below .10% and incapable of safe driving:
No suspension for first offense if the driver meets certain criteria;
12 month license suspension for second or subsequent offense.
BAC greater than or equal to .10% and less than .16%:
12 month license suspension for first and second offense.
18 month suspension for third or subsequent offense.
BAC greater than or equal to .16%:
12 month license suspension for first offense.
18 month suspension for second or subsequent offense.
Out-of-state DUI convictions:
No suspension for first offense; 12 month license
suspension for second or subsequent offense.

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DUI Treatment and Evaluation

Treatment and evaluation processes are geared to rehabilitation. -Effective - Phased-In Through 2009

Ignition Interlock

Drivers who receive a second or subsequent DUI violation on or after September 30, 2003, can no longer serve an additional one year suspension in lieu of obtaining an ignition interlock device. Drivers are required to install ignition interlock on all vehicles owned (including leased) before driving privileges can be restored.

Additionally, the following exemptions and penalties have been added:

Financial Hardship Exemption: Drivers may apply for an exemption from the requirement to install the ignition interlock device on all of their vehicles. If the exemption is granted, ignition interlock installation will only be required on one vehicle.
Employment Exemption: Under certain circumstances, ignition interlock restricted drivers may operate employer owned vehicles but only in the course and scope of employment. The employee must notify the employer of the ignition interlock restriction and carry proof of employer notification on a PennDOT form. The employer owned vehicle cannot be a school bus/vehicle or large passenger vehicle.
Ignition Interlock Violations: Individuals convicted of driving without or tampering with the ignition interlock device will have their ignition interlock period extended 12 month from the date of conviction for the first offense and will have their driving privileges suspended for 12 months for the second or subsequent offenses. Upon restoration they must comply with ignition interlock for 12 months. Individuals, whose driving privileges are suspended during the ignition interlock period for a non-ignition interlock violation, must complete the ignition interlock period upon restoration.
Occupational Limited Licenses (OLL's) First time DUI offenders may be eligible for an OLL after serving 60 days of their suspension. Individuals whose licenses are suspended for 18 months (for DUI or refusing breath or chemical testing) and have no more than one prior offense may be eligible for an OLL with an ignition interlock after serving 12 months of their suspension. In addition, first time underage drinking violators may be eligible for an OLL.

Expungement of Accelerated Rehabilitation Disposition (ARD) Records PennDOT will automatically expunge ARD records after 10 years providing a person's operating privileges were not revoked as a habitual offender and/or the person was not a commercial driver at the time of the violation.

Credit (Suspension)

Individuals suspended for driving a vehicle not equipped with an ignition interlock device or driving under a DUI-related suspension, with a BAC of .02% or greater cannot receive credit for their suspension until jail time has been served.

Implied Consent/Breath or Chemical Testing Suspensions for individuals who refuse to submit to breath or chemical testing may be increased. Breath or chemical testing may now be required for individuals who are arrested for driving under a DUI-related suspension or driving without an ignition interlock device.

* "Per se" is a Latin phrase that means "by itself." Evidence that a person drove, operated or was in control of a motor vehicle with a BAC of .08% or higher is enough by itself to convict the person of DUI. A person with BAC less than .08% might still be convicted of DUI is there is evidence that he or she imbibed enough alcohol to make him or her incapable of safely driving, operating or being in control of a motor vehicle.

Source: http://www.dmv.state.pa.us


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Further information from PA State Police

PA DUI Law Overview

Driving under influence of alcohol or controlled substance.

General impairment.
An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.
An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .08% but less than .10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.
High rate of alcohol. - An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .10% but less than .16% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.
Highest rate of alcohol. - An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is .16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.
Controlled substances. - An individual may not drive, operate or be in actual physical control of the movement of a vehicle under any of the following circumstances:
There is in the individual's blood any amount of a:
Schedule I controlled substance, as defined in the act of April 14, 1972 (P.L. 233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act;
Schedule II or Schedule III controlled substance, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, which has not been medically prescribed for the individual; or
metabolite of a substance under subparagraph (i) or (ii).
The individual is under the influence of a drug or combination of drugs to a degree which impairs the individual's ability to safely drive, operate or be in actual physical control of the movement of the vehicle.
The individual is under the combined influence of alcohol and a drug or combination of drugs to a degree which impairs the individual's ability to safely drive, operate or be in actual physical control of the movement of the vehicle.
The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. §7303 (relating to sale or illegal use of certain solvents and noxious substances).
Minors. - A minor may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the minor's blood or breath is .02% or higher within two hours after the minor has driven, operated or been in actual physical control of the movement of the vehicle.
Commercial or school vehicles. - An individual may not drive, operate or be in actual physical control of the movement of a commercial vehicle, school bus or school vehicle in any of the following circumstances:
After the individual has imbibed a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is:
.04% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a commercial vehicle other than a school bus or a school vehicle.
.02% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a school bus or a school vehicle.
After the individual has imbibed a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.
While the individual is under the influence of a controlled substance or combination of controlled substances, as defined in section 1603 (relating to definitions).
While the individual is under the combined influence of alcohol and a controlled substance or combination of controlled substances, as defined in section 1603.
Exception to two-hour rule. - Notwithstanding the provisions of subsection (a), (b), (c), (e) or (f), where alcohol or controlled substance concentration in an individual's blood or breath is an element of the offense, evidence of such alcohol or controlled substance concentration more than two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle is sufficient to establish that element of the offense under the following circumstances:
where the Commonwealth shows good cause explaining why the chemical test could not be performed within two hours; and
where the Commonwealth establishes that the individual did not imbibe any alcohol or utilize a controlled substance between the time the individual was arrested and the time the sample was obtained.
Penalties.

General impairment. - An individual who violates section 3802(a)(relating to driving under influence of alcohol or controlled substance) shall be sentenced as follows:
For a first offense, to:
undergo a period of probation not to exceed six months;
pay a fine of $300;
attend an alcohol highway safety school approved by the department; and
comply with all drug and alcohol treatment requirements imposed under sections 3814 (relating to drug and alcohol assessments) and 3815 (relating to mandatory sentencing).
For a second offense, to:
undergo imprisonment for not less than five days nor more than six months;
pay a fine of not less than $300 nor more than $2,500;
attend an alcohol highway safety school approved by the department; and
comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
For a third or subsequent offense, to:
undergo imprisonment of not less than ten days nor more than two years;
pay a fine of not less than $500 nor more than $5,000; and
comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
High rate of blood alcohol; minors; commercial vehicles and school buses and school vehicles; accidents. - Except as set forth in subsection (c), an individual who violates section 3802(a)(1) where there was an accident resulting in bodily injury, serious bodily injury or death of any person or damage to a vehicle or other property or who violates section 3802(b), (e) or (f) shall be sentenced as follows:
For a first offense, to:
undergo imprisonment of not less than 48 consecutive hours nor more than six months;
pay a fine of not less than $500 nor more than $5,000;
attend an alcohol highway safety school approved by the department; and
comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
For a second offense, to:
undergo imprisonment of not less than 30 days nor more than six months;
pay a fine of not less than $750 nor more than $5,000;
attend an alcohol highway safety school approved by the department; and
comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
For a third offense, to:
undergo imprisonment of not less than 90 days nor more than five years;
pay a fine of not less than $1,500 nor more than $10,000; and
comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
For a fourth or subsequent offense, to:
undergo imprisonment of not less than one year nor more than five years;
pay a fine of not less than $1,500 nor more than $10,000; and
comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
Incapacity; highest blood alcohol; controlled substances. - An individual who violates section 3802(a)(1) and refused testing of blood or breath or an individual who violates section 3802(c) or (d) shall be sentenced as follows:
For a first offense, to:
undergo imprisonment of not less than 72 consecutive hours nor more than six months;
pay a fine of not less than $1,000 nor more than $5,000;
attend an alcohol highway safety school approved by the department; and
comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
For a second offense, to:
undergo imprisonment of not less than 90 days nor more than five years;
pay a fine of not less than $1,500;
attend an alcohol highway safety school approved by the department; and
comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
For a third or subsequent offense, to:
undergo imprisonment of not less than one year nor more than five years;
pay a fine of not less than $2,500; and
comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
Extended supervision of court. - If a person is sentenced pursuant to this chapter and, after the initial assessment required by section 3814(1), the person is determined to be in need of additional treatment pursuant to section 3814(2), the judge shall impose a minimum sentence as provided by law and a maximum sentence equal to the statutorily available maximum. A sentence to the statutorily available maximum imposed pursuant to this subsection may, in the discretion of the sentencing court, be ordered to be served in a county prison, notwithstanding the provisions of 42 Pa.C.S. §9762 (relating to sentencing proceeding; place of confinement).
Suspension of operating privileges upon conviction. -
The department shall suspend the operating privilege of an individual under paragraph (2) upon receiving a certified record of the individual's conviction of or an adjudication of delinquency for:
an offense under section 3802; or
an offense which is substantially similar to an offense enumerated in section 3802 reported to the department under Article III of the compact in section 1581 (relating to Driver's License Compact).
Suspension under paragraph (1) shall be in accordance with the following:
Except as provided for in subparagraph (iii), 12 months for an ungraded misdemeanor or misdemeanor of the second degree under this chapter.
18 months for a misdemeanor of the first degree under this chapter.
There shall be no suspension for an ungraded misdemeanor under section 3802(a) where the person is subject to the penalties provided in subsection (a) and the person has no prior offense.
For suspensions imposed under paragraph (1)(ii), notwithstanding any provision of law or enforcement agreement to the contrary, all of the following apply:
Suspensions shall be in accordance with Subchapter D of Chapter 15 (relating to the Driver's License Compact).
In calculating the term of a suspension for an offense that is substantially similar to an offense enumerated in section 3802, the department shall presume that if the conduct reported had occurred in this Commonwealth then the person would have been convicted under section 3802(a)(2).
Notwithstanding any other provision of law or enforcement agreement to the contrary, the department shall suspend the operating privilege of a driver for six months upon receiving a certified record of a consent decree granted under 42 Pa.C.S. Ch. 63 (relating to juvenile matters) based on section 3802.
Community service assignments. - In addition to the penalties set forth in this section, the sentencing judge may impose up to 150 hours of community service. Where the individual has been ordered to drug and alcohol treatment pursuant to sections 3814 and 3815, the community service shall be certified by the drug and alcohol treatment program as consistent with any drug and alcohol treatment requirements imposed under sections 3814 and 3815.
Sentencing guidelines. - The sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory penalties of this section.
Appeal. - The Commonwealth has the right to appeal directly to the Superior Court any order of court which imposes a sentence for violation of this section which does not meet the requirements of this section. The Superior Court shall remand the case to the sentencing court for imposition of a sentence in accordance with the provisions of this section.
First class cities. - Notwithstanding the provision for direct appeal to the Superior Court, if, in a city of the first class, a person appeals from a judgment of sentence under this section from the municipal court to the common pleas court for a trial de novo, the Commonwealth shall have the right to appeal directly to the Superior Court from the order of the common pleas court if the sentence imposed is in violation of this section. If, in a city of the first class, a person appeals to the court of common pleas after conviction of a violation of this section in the municipal court and thereafter withdraws his appeal to the common pleas court, thereby reinstating the judgment of sentence of the municipal court, the Commonwealth shall have 30 days from the date of the withdrawal to appeal to the Superior Court if the sentence is in violation of this section.
Additional conditions. - In addition to any other penalty imposed under law, the court may sentence a person who violates section 3802 to any other requirement or condition consistent with the treatment needs of the person, the restoration of the victim to preoffense status or the protection of the public
Source: http://www.psp.state.pa.us/

Answer 2

In California, your 4th DUI is a mandatory felony filing. However, your 1st through 3rd DUI can be filed as a felony if there was an injury to a third party. But there are many scenarios, if a person was convicted of a felony DUI and it was only their 1st DUI and subsequently they picked up another DUI that was nothing special, just a traffic stop while being just over the .08% legal limit, the DA could file the 2nd DUI as a felony because you suffered a felony DUI in the past. It is best to consult with an Attorney who specializes in DUI defense to have your question properly analyzed.

Answer 3

1

Answer 4

Is A Dui A Felony

Answer 5

i work in the court system and there are ways that a dui can be charged as a felony but there are specific steps that it would have to be charged as a felony.. though if you blew a 17.7 on the breath test you would be dead.. i'm assuming that you blew a .177... a .177 is actually quite low for most dui's that i have seen and that will more than likely involve a license suspension some form of alcohol treatment and possibly 3 days in jail..

Answer 6

DUI in Florida a first offence charge is punishable for fines from $200 to $500 depending upon the alcohol level and jail time for up to six to 9 months. It is considered a misdemeanor unless the DUI resulted in injury or death, then it is considered a felony.
Joe,
http://49thstreetbailbonds.com

Answer 7

This Site Might Help You.

RE:
Is a DUI a felony?
I live in PA got Dui 17.7 alcohol level, first one i got 72 hours in jail coming up?Is this a felony in PA

Answer 8

Your DUI couldn't have been 17.7. Maybe 1.7% or .177 Anything past .35 and you would be dead. Have you had a court appearance yet? Read the sentence. If you can be placed in jail for a year or more, it's a felony, under a year and it's not.

Answer 9

A DUI here in Florida is usually a misdemeanor unless it is your third offense or there was bodily injury, property damage, leaving the scnene, the BAC over .15....Certain factors can cause the charge to become a felony..Hope that helps..

Answer 10

It is not a felony. If it is your first one its an ungraded misdemeanor. If its a second some are ungraded m's, and some are m-1. Third and more, they are all m-1s. In order for it to be a felony, there needs to be some type of serious accident with serious injuries

Answer 11

A simple DUI (1st offense) is a misdemeanor unless there is a death involved