Most DUI charges in Pennsylvania are misdemeanors. However, in some situations, a DUI charge can be a felony. Felonies come with steeper penalties, longer license suspensions, and more serious collateral consequences, so working with a skilled DUI defense attorney is key to avoiding the worst outcomes.
Pennsylvania’s Three-Tier DUI System
Pennsylvania uses a three-tier system to classify DUI offenses based on blood alcohol concentration (BAC):
- General impairment (BAC 0.08% to 0.099%)
- High rate of alcohol (BAC 0.10% to 0.159%)
- Highest rate of alcohol (BAC 0.16% and above)
Your BAC level is key in determining which penalties you’ll face, but it doesn’t automatically determine whether the charge is a felony. Other factors, like prior offenses, can raise a misdemeanor charge to a felony.
Felony DUI in Pennsylvania
Pennsylvania made key changes to its DUI statute in 2018. Under Pennsylvania law, a DUI becomes a felony in the following situations:
- Two prior DUI convictions or prior homicide by vehicle conviction, and high BAC: A DUI is a third-degree felony if it’s your third offense within 10 years and your BAC was 0.16 or above. You can also be charged with a third-degree felony if you were previously convicted of homicide by vehicle. You can be punished by up to seven years in prison and a $15,000 fine.
- Three prior DUI convictions: A fourth DUI is charged as a third-degree felony regardless of your BAC.
- Serious bodily injury (aggravated assault by vehicle): If you cause serious injury to another person while driving under the influence, prosecutors can charge you with a felony of the second degree. This is punishable by up to 10 years in prison and a $25,000 fine.
- DUI resulting in death (homicide by vehicle): When a DUI leads to someone else’s death, the charge becomes homicide by vehicle while DUI. This is a felony of the second degree. In certain circumstances, it can be a first-degree felony. Penalties include a three-year mandatory minimum prison sentence per victim.
- Refusing a breath test with two or more priors: If you refuse a breath test and have two prior DUI convictions, you will be charged with a third-degree felony. Three or more DUI convictions elevate the charge to a second-degree felony.
- Passenger under 18 and two or more priors: If you were caught driving under the influence with a minor in the car, you can be charged with a felony of the third degree.
Pennsylvania uses a 10-year “lookback” period for most DUI sentencing purposes. That means prior DUI convictions within the last 10 years count toward determining whether the current charge is a first, second, or third offense. The court can also consider certain out-of-state DUI convictions if they are substantially similar to Pennsylvania law.
What Happens After a Felony DUI Arrest?
A felony DUI follows the same general court process as other criminal charges in Pennsylvania:
- Preliminary arraignment and hearing
- Formal arraignment
- Pre-trial motions and negotiations
- Trial (if you cannot reach a plea deal)
- Sentencing, if you’re convicted
Because felony convictions come with severe penalties, most felony DUI cases hinge on early legal strategy. That includes examining the traffic stop for Constitutional violations, challenging BAC evidence, and reviewing prior convictions. Working with an experienced DUI defense attorney is the best way to protect your rights and preserve your legal options.
Collateral Consequences of a Felony DUI
A felony DUI doesn’t just mean longer jail time and higher fines. It also comes with long-term consequences, such as:
- Loss of voting and firearm rights in some cases
- Difficulty obtaining employment, housing, or professional licenses
- Mandatory ignition interlock devices
- Significant increases in insurance costs
Even after serving your sentence, a felony DUI conviction will stay on your criminal record. This can affect your future in ways you may not anticipate.
Get Help Navigating DUI Felony Charges in Pennsylvania
The attorneys at McCormick & Vilushis LLC can help you protect your rights and build a strong defense strategy. Reach out today for a confidential consultation.