Driving while under the influence of alcohol is a serious offense on many levels. Not only is it strictly against the law in any state throughout the country, it is the type of action that can put innocent lives in danger. As such, the penalties for DUI convictions seem to be pretty harsh across the board.
When it comes to driving under the influence, some might wonder whether the law sets forth a distinction between being caught driving while “somewhat drunk” versus “extremely drunk.” After all, on a basic level, drunk is drunk, and anyone whose blood alcohol concentration is such that it impairs his ability to drive safely ought to be charged and punished accordingly.
Charles Nistico of the firm Nistico Roberts, P.C. is a Pennsylvania-based DUI attorney with three decades of experience under his belt, and according to him, the law does indeed differentiate between “drunk” and “super drunk.” While the extent to which such distinctions are noted and enforced might vary from state to state, in Pennsylvania, DUI offenses are broken down into what is known as the tier system. A Tier 1 offense in Pennsylvania involves a person caught driving while under the influence with a blood alcohol level that falls between .08% and .099%. A DUI charge can fall under Tier 2 if the driver’s BAC level is between .10% and .159%, and a Tier 3 offense comes into play if the driver’s blood alcohol level reaches .16% or higher.
In Pennsylvania, the tier system is used as a basis for determining punishments for those convicted of DUI; however, it is not the only factor that gets taken into account. A first offense Tier 1 conviction will carry less of a penalty than a second offense Tier 1 conviction. On the other hand, when it comes to first-time offenses, the higher the tier one falls into, the harsher the punishment is likely to be. For a first-time DUI offender, a Tier 1 conviction can result in up to six months of probation (as opposed to jail time), a relatively small fine, and a variable license suspension. A first-time Tier 2 DUI conviction can result in anywhere from two nights to six months in jail plus a one-year license suspension, coupled with a fairly modest fine. Finally, a first-time Tier 3 DUI conviction can come with three days to six months in jail, a one-year license suspension, and a rather hefty fine, especially as compared to the monetary penalties imposed in Tiers 1 and 2. Therefore, when it comes to drinking and driving, the extent to which one’s ability is impaired truly does matter.
If you’ve been charged with DUI in Pennsylvania, then you’ll need to find an attorney who is familiar with the ins and outs of the tier system in order to get the best possible representation. Although your lawyer might not be able to completely get you off the hook, he might be able to get your conviction moved to a lower and less punishable tier within the system. Remember, when it comes to DUI defense, the goal of any good attorney is to help a client walk away with the best possible outcome given the circumstances at hand; so if you’re looking at a Tier 3 conviction, then choose your lawyer wisely.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
