Category: DUI-DWI

The prospect of losing your freedom and driving privileges, paying high fines and increased insurance premiums, and potentially suffering a criminal record, can be daunting and overwhelming. You want experienced legal representation and an aggressive defense to protect your interests and fight for your rights.

Attorney John W. Gibson defends clients charged with Driving Under the Influence (DUI) and Driving After Imbibing (DAI). Mr. Gibson has over 25 years experience assisting and aggressively defending clients throughout the criminal process. He takes the time to explain the laws, the criminal process, and your options.

For additional information about our firm, our qualifications, and the high level of personal attention we provide our clients, please visit our Firm Overview page. For information about the benefits of retaining a lawyer, please visit our Why You Should Retain a DUI Defense Attorney page.

Skilled Drunk Driving (DUI-DWI-DAI) Defense Lawyer
If you are the subject of a DUI arrest, we have the skills, education, and knowledge to provide you with an aggressive defense. We have experience with all aspects of DUI offenses, including the following:

Bond hearings and preliminary motions – including motions to preclude evidence or statements illegally or unconstitutionally obtained
Administrative hearings – a civil hearing that must be requested with the Pennsylvania Department of Transportation regarding the suspension of your driving privileges DUI-DWI-DAI Penalties – including different levels of intoxication and repeat offenders
Underage Drinking and Driving – including teenage drunk driving and DUI offenses involving minors
DUI defense for CDL holders – including the consequences of a conviction and the different thresholds for commercial driver’s license holders, such as truck drivers and bus drivers
DUI appeals – including analyzing your trial for prejudicial error, filing your appeal, preparing a brief, and arguing your appeal in appellate court

Contact an Experienced DUI-DWI-DUI Defense Attorney
The sooner you contact us, the sooner we can apply our knowledge and skill to your case. Additionally, if we represent you in your administrative hearing, we can often obtain valuable information that may assist us in your criminal defense.

Attorney John W. Gibson defends clients charged with drunk driving (DUI). Driving under the influence of alcohol or drugs (or driving after imbibing – DAI) carries various penalties depending on the circumstances of your case.

We offer you an experienced, aggressive defense against DUI charges. For additional information about why you should engage a DUI defense attorney, please visit our Why You Should Retain a DUI Attorney page. Also visit our Firm Overview page for information about our qualifications and the quality of our service.

Drunk Driving (DUI-DAI) Penalties
In addition to the following penalties, your driving privileges may be suspended, your insurance rates may skyrocket, and you may have a criminal record.

DUI penalties are tied to your blood-alcohol content. There are three categories:

Category I – for a blood-alcohol level between .08 and .10 – the penalties are as follows:

For a first offense, to:
(i) undergo a period of probation not to exceed six months;
(ii) pay a fine of $300;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 (relating to drug and alcohol assessments) and 3815 (relating to mandatory sentencing).
(2) For a second offense, to:
(i) undergo imprisonment for not less than five days nor more than six months;
(ii) pay a fine of not less than $300 nor more than $2,500;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
(3) For a third or subsequent offense, to:
(i) undergo imprisonment of not less than ten days nor more than two years;
(ii) pay a fine of not less than $500 nor more than $5,000; and
(iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
Category II – for a blood-alcohol level between .10 and .16 or a person in category one who was involved in an accident where someone was injured – the penalties are as follows:

1) For a first offense, to:
(i) undergo imprisonment of not less than 48 consecutive hours nor more than six months;
(ii) pay a fine of not less than $500 nor more than $5,000;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
(2) For a second offense, to:
(i) undergo imprisonment of not less than 30 days nor more than six months;
(ii) pay a fine of not less than $750 nor more than $5,000;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
(3) For a third offense, to:
(i) undergo imprisonment of not less than 90 days nor more than five years;
(ii) pay a fine of not less than $1,500 nor more than $10,000; and
(iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
(4) For a fourth or subsequent offense, to:
(i) undergo imprisonment of not less than one year nor more than five years;
(ii) pay a fine of not less than $1,500 nor more than $10,000; and
(iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
Category III – for a blood-alcohol level of .16 or higher – the penalties are as follows:

(1) For a first offense, to:
(i) undergo imprisonment of not less than 72 consecutive hours nor more than six months;
(ii) pay a fine of not less than $1,000 nor more than $5,000;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
(2) For a second offense, to:
(i) undergo imprisonment of not less than 90 days nor more than five years;
(ii) pay a fine of not less than $1,500;
(iii) attend an alcohol highway safety school approved by the department; and
(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
(3) For a third or subsequent offense, to:
(i) undergo imprisonment of not less than one year nor more than five years;
(ii) pay a fine of not less than $2,500; and
(iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.
There are different rules for underage drinkers and drivers (minors) and CDL holders (commercial drivers license holders).