Erie PA Criminal Defense & DUI Attorney

If your BAC is higher than 0.08%, then you are automatically liable for charges of driving under the influence of alcohol.

The penalties that you will receive depend on two things: your BAC at the time of the arrest and whether or not you have a prior record of DUIs. This framework also relies on three “impairment tiers,” which pertain to different levels of BAC readings.

These impairment tiers are as follows:

• Tier 1: BAC of between 0.08% and 0.099%
• Tier 2: BAC of between 0.10% and 0.159%
• Tier 3: BAC of 0.16% and higher

Those who fall under Tier 1 are usually sentenced to probation, fines, and community service. They are also often required to attend Alcohol Highway Safety School. On the other hand, first-time offenders who fall under Tier 2 face a six-month jail term and a 12-month suspension of their driver’s license, among other things.

Naturally, Tier 3 offenders are liable for much harsher punishments.

A DUI conviction may result in a temporary suspension of your driver’s license; however, this happens on a case-by-case basis.

For example, repeat offenders of a DUI conviction that falls under the Tier 1 impairment system – which means that their BAC was 0.099% or lower – may have their license suspended for at least 12 months. Again, though, this depends on your specific case.

Yes, successfully completing the ARD Program will result in the DUI charges against you being dropped.

No, unless you have a proven medical condition that says otherwise. If not, then you are required to submit to whatever test the police officer has chosen to carry out or face penalties for refusing.