Levels of DUI charges

The new law focuses on treatment for first-time DUI offenders, rather than strictly punishment and suspension. There are now three levels of DUI: General Impairment (.08 to.099% BAC) High BAC (.10 to.159% BAC There are several levels of DUI offense in Texas. First, and even second offenses, are usually considered misdemeanors, provided there are no other circumstances that could result in a felony charge. (An example of an ordinary DUI becoming elevated to a felony, is if someone is injured or killed as a result of the DUI.

All states consider someone with a blood alcohol content level of.08% or higher legally intoxicated, but you can still receive a DUI charge while under that limit. Some states have lower, stricter limits for younger or less experienced drivers—particularly in the case of minors who can't legally consume alcohol FindLaw's DUI Charges section has information on the different levels of DUI, as well as some of the common defenses and likely penalties resulting from a conviction. More. This section covers the basics of a DUI offense, how a felony DUI differs from a misdemeanor DUI charge, various types of drunk driving offenses, and the elements of a. The lowest level of DWI charge a person may face in Minnesota is a Fourth Degree DWI, which is considered to be a misdemeanor. An individual is charged with a Fourth Degree DWI when he or she has no other DWI violations within ten years prior to the current case Talk to a DUI Attorney. The consequences of a DUI conviction are serious, and DUI laws vary by state. If you've been arrested for driving under the influence, get in contact with an experienced DUI lawyer in your area. A good DUI attorney can analyze the facts of your case and tell you how the law of your state applies The Elements of a DUI Charge. To get a DUI conviction at trial, the prosecution must prove beyond a reasonable doubt that you were: under the influence, and. driving or operating a motor vehicle. Depending on what state you live in, the prosecutor might also have to prove you were driving on a public—as opposed to a private—roadway

Common penalties include jail time, community service, fines, license suspension, and having to install an ignition interlock device (IID) in your vehicle. The minimum penalties for a first-offense DUI are often increased if you had a high blood alcohol concentration (BAC) (usually .15% or more) or were involved in an accident where someone was. AVERAGE COST $6,500 Across all BAC levels, the average cost of a first-time DUI was $6,500, including attorney fees of $1,900 Immediate license suspension for 30 days, with the possibility of limited driving privileges after 10 days. Up to a $200 fine. Between 24 hours and 60 days in jail. (Your judge might suspend your sentence to 24 hours of imprisonment or 24 hours of community service as part of probation. There are essentially 6 different levels of DWI punishments/sentences one can face if convicted of a DWI/DUI (impaired driving offense) in North Carolina. These levels range from Level 5 being the least severe punishment to an Aggravated Level 1 (or A1) being the most severe punishment. These punishments can be found in N.C.G.S. §20-179

Time is of the essence if you are facing a charge of DWI, DUI or refusal to take a breath, blood or urine test. Contact our Minnesota DWI Lawyers today for a free consultation at 612-688-2299 for an initial consultation at no charge to you. We are available to meet with you at your convenience to discuss specific details involving your case a driver convicted of an Aggravated DWI, DWI, DWAI/Drug, DWAI/combination, vehicular assault and aggravated vehicular assault, or vehicular manslaughter and vehicular homicide three or more times in the preceding 15 year period is guilty of a Class D felony For more information, see You and the Drinking Driving Laws The amount of time the license will be suspended for depends on your breath alcohol level and also whether your DUI charge is a first, second or third offense. The minimum suspension is 6 months. The maximum suspension can be up to five years if it is a second Dui within a five year period

A first offense DUI conviction in the State of Washington is a Misdemeanor offense and carries the following penalties: Jail time: The mandatory minimum jail sentence for BAC of less than .15% is 24 hours up to 364 days.The minimum sentence goes up to 48 hours for a BAC greater than .15% or a test refusal In general. Mass. General Laws c.90: § 24 Driving under the influence of alcohol or drugs § 24D Probation, alcohol education, alcohol treatment § 24E Dismissal of charges upon compliance with terms of probation § 24I Possession of alcoholic beverages in motor vehicles § 24J Inquiry of defendant convicted of driving under influence of intoxicating liquors as to establishment serving alcoho

The next level of drunk driving penalties will be yours if you're a first offender arrested with a BAC of 0.15 or higher. That type of DUI is called an Extreme DUI and you'll be jailed for thirty days and fined at least $2,500 Many states, including California, have two separate charges related to DUI. One charge is for having a BAC higher than 0.08 percent -- or, generally, exceeding the limit for alcohol metabolites -- and the other pertains to other evidence of impairment

Drunk driving charges: The weight of evidence, and

The penalties for a Level 4 DUI are substantial. You face a minimum of one year in jail which can be increased up to five years. You must pay a minimum fine of $1,000 which can be increased up to $5,000, along with court fees. Additionally, you must perform 60 days of community service, attend DUI school, and complete any recommended substance. Two to 10 years in prison. Loss of driver license up to two years. These fines do not include a state fine of $3,000, $4,500, or $6,000 assessed upon sentencing. Drunk driving with a child passenge

How to Avoid a Marijuana Arrest in a Car in Minnesota

DUI Legislatio

Under Florida law, Driving Under the Influence (DUI) of alcoholic beverages, chemical substances, or controlled substances is one offense, proved by impairment of normal faculties or an unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven Different Levels of DUI Charges Information on the Different Levels of DUI Charges. Driving under the Influence (DUI) is illegal in every state in the U.S. Each state differs in the way that it approaches first offenses and onwards. In every case, a field sobriety test is conducted by an officer to determine whether you're capable of. Attorney Ron Mondello discusses the different levels of penalties for First time and subsequent DUI offenders and reveals his successful endeavors in getting penalties reduced. 24 Hour Toll Free (877) 394-466 Drug Dui Levels In Pa Explained In Pennsylvania it is a crime to drive while under the influence of drugs or alcohol and section 3802(d) addresses a DUI charge involving schedule I, schedule II, or schedule III controlled substances along with any other drug or combination drug which could impair a person's ability to safely drive or operate. The level of crime you are charged with has a significant impact on the charges brought against you. It's important to know the different Minnesota Crime Classifications and how they can affect you. Working with the Minnesota DUI lawyers at Sieben Edmunds Miller will ensure that you are given fair treatment and the best possible results

Fort Lauderdale DUI Attorney | Blood Alcohol Content

Types of DUI Charges, Learn the Levels of DUI Charge

  1. With towing, bail, attorney, high risk insurance, court costs, school, and reinstatement fees, your first offense average costs could add up to $4,900. Ignition Interlock Device installed at your expense. Minimum first year costs could exceed $1,000.00. If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months.
  2. e whether they were drunk or.
  3. Your Guide to Understanding Blood Alcohol Level. Drivers who are legally found or suspected of having had high blood alcohol levels while operating motor vehicles, particularly to the extent of interfering with their ability to operate the vehicle or putting other people in proximity to them in jeopardy, can accordingly face legal consequences
  4. DUI Penalties If you are stopped for driving under the influence and a test shows that you have an alcohol concentration of 0.08 percent or more (0.04 in a commercial vehicle requiring a commercial driver license), or if a blood alcohol or drug test result is not available, you will lose your driving privilege on the spot

Michigan State Police - It is a crime for a driver to have a bodily alcohol content (BAC) of .08 or greater if over age 21 or .02 or greater if under 21. In addition, Michigan has a high-BAC law with enhanced penalties for anyone caught driving with a BAC of .17 or higher. However, drivers can be arrested at any BAC level if they exhibit signs of impairment while operating a motor vehicle When a driver is charged for DUI, DWI, or even a test refusal offense for the first time, it is important to realize that there is help for proven ways how to fight & beat a driving under the influence case in 2018.The feeling of being confused and overwhelmed is normal, but the first thing to be aware of is that successfully defending DUI & DWI charges can be technical and complex

Meet the Team: Top DUI Defense Lawyer Louisville

The Different Types of DUI Charges - serenitygroup

PENNSYLVANIA DUI LAWS—BAC LEVELS. There are three levels, or tiers of BAC levels when it comes to sentencing a person for DUI—lowest, mid-level and highest. Pennsylvania considers a driver impaired at a .08 BAC level (.02 for CDL license holders). A BAC level over .16 is the highest level Driving under the influence, driving while impaired, or driving with an excessive alcoholic content are all illegal under the umbrella of driving under the influence (DUI) laws in Colorado. These statutes set forth the limits for blood alcohol levels while driving, the rules for testing, and the penalties for driving a motor vehicle while impaired or under the influence of alcohol or one or. DUI charges related to alcohol consumption are generally filed based upon the blood alcohol level of the person, and the severity of the penalties is directly related to the blood alcohol level. In order to be convicted of a routine DUI, the district attorney must simply have evidence that the DUI suspect was driving a vehicle, that blood was. Driving under the influence. (1) A person is guilty of driving while under the influence of intoxicating liquor, marijuana, or any drug if the person drives a vehicle within this state: (a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made.

The Levels of Intoxication | Steven E

DUI Charges - FindLa

DUI Charges in California California Laws for drunk driving: DWI and DUI. In California the maximum permissible blood-alcohol concentration level is .08%. In the state of California, there will be two charges if you are found driving while intoxicated (DWI) or driving under the influence (DUI) The Maryland Transportation Code contains the DUI and DWI laws and penalties. The law includes BAC limits, administrative license suspensions, Ignition Interlock Device (IID) requirements, and more. BAC Limits. Maryland has two levels of drinking and driving. The first, driving under the influence (DUI), is a .08 blood alcohol concentration.

Level One is the most severe and Level 5 the least severe. DWI Levels I & II result in active jail time, according to NC DWI laws. Jail time may range from 1 - 2 weeks to 2 years for a Level I DWI or habitual offenders. When I first came to First Step, I was not happy to be here. However, that quickly changed DUI cases get dismissed because of the law, legal arguments, and helpful fact patterns. You may not consider or be aware of legal defenses that exist that could help your DUI case. Understanding North Carolina's DUI penalties, and which North Carolina DUI levels could apply to your DUI case, are essential 3. Penalties for DUI of methamphetamine. DUI of drugs is generally a misdemeanor in California. Penalties are the same as for any other DUI offense. For a typical first-time misdemeanor DUID conviction, these can include: 3 to 5 years of DUI probation; fines (starting at around $1,800), completion of a three-month California DUI school

Offenses and penalties Operating While Intoxicated (OWI) penalties range in severity depending on the type of offense and number of repeat offenses. OWI and related alcohol and drug penalties (as of October 1, 2020) Underage alcohol offenses and related penalties (as of June 1, 2017 State by State Legal Blood Alcohol Limit (BAC) While 0.08 is the BAC level that will result in a charge of DUI, DUII or DWI there are zero tolerance and enhanced penalty BAC levels that differ from state to state. Also note that the fines, fees and laws are different in each state

Those who commit a DUI with a BAC level of .10 or higher, as well as those who have one or two previous DUI convictions are subject to a grading system that will determine the license suspension period, which ranges between 12 and 18 months Other Possible Penalties: Penalty for a DUI with a minor in the vehicle is up to one year imprisonment and/or a $2,000 fine. Refusal to submit to a chemical test as required by law may be considered a crime and may result in revocation of your driving privileges for 180 days to 3 years. Criminal Vehicular Injury results in up to five years. Driving Under the Influence (DUI) 2019 BAC Levels of Drivers Who Failed a Chemical Test The average DUI offender is: • male (74 percent arrested are men); • age 34 (52 percent are under age 35); • arrested between 11 p.m. and 4 a.m. on a weekend; and • caught driving with a BAC of .16 — twice the illegal limit [Rev. 11/17/2020 11:56:53 AM--2020R1] CHAPTER 484C - DRIVING UNDER THE INFLUENCE OF ALCOHOL OR A PROHIBITED SUBSTANCE. GENERAL PROVISIONS. NRS 484C.010 Definitions.. NRS 484C.020 Concentration of alcohol of 0.08 or more in his or her blood or breath defined.[Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor. The MINIMUM fine for a first DUI offense is $940.50, and the MAXIMUM is $5000. The AVERAGE fine imposed on all offenders is $3711. Drivers in Washington State who get a DUI will see their insurance increase by an average of $466.80 per year. In some Washington cities, rates can jump by more than 60%

Arizona DUI Laws. Society's perspective on DUI (Driving Under the Influence) has changed dramatically over the past 30 years. DUI is no longer accepted as an unavoidable price of automobile travel. A DUI is recognized as a violent crime. These changes are mainly due to years of intense effort by federal, state and local agencies, citizen. Arizona divides its misdemeanor DUI charges into three levels. The first level of DUI is impairment to the slightest degree. It can include blood alcohol levels under ,08%. The second level is based on a test that results in BAC of .08% to .14%. The third level, called extreme DUI, are reserved for blood alcohol levels of .15% BAC and greater DUI/DWI Laws in North Carolina. North Carolina is unique is that it differentiates the levels of DUI when deciding on the penalties and fines. The state looks at grossly aggravating factors and aggravating and mitigating factors to decide how severe the violation is BAC levels are .09-.23 percent. Confusion: The intoxicated individual is typically very emotional and dizzy. They show signs of nausea as well. Their BAC level is anywhere from .17-.28 percent. Stupor: This is a serious stage, the individual is losing consciousness and then regaining consciousness over and over again

Minnesota's legal alcohol-concentration driving limit is 0.08 — but motorists can be arrested for DWI at lower levels. The consequences for driving impaired will vary for each DWI offender, but a typical penalty for a first-time offender is potential jail time and loss of license for a minimum of 30 days up to a year.. Costs can be as high as $20,000 when factoring court costs, legal fees. Levels of Potential DUI Charges and Sentence Ranges in Indiana. To start, if you operate a motor vehicle with a BAC of .08 to .14 or a Schedule I or II metabolite in your system, you can be charged with a Class C Misdemeanor. This is the lowest possible criminal charge in Indiana At their most basic level, Virginia's DUI laws are actually quite simple. Specifically, the Virginia Code makes it illegal for any person to drive or operate a vehicle: While they have a blood alcohol concentration (BAC) of 0.08 percent or more (or have more than 0.08 grams or more per 210 liters of breath as indicated by a breathalyzer test) Per se limits for blood alcohol levels. Since people are more familiar with alcohol driving laws, it might help to make some comparison to alcohol-related DUI's in explaining DUI law for marijuana. Most people are familiar with the per se limit of alcohol of .08 for driving in Ohio Penalties are increased for a BAC of .16 or higher. A six violation is a Class X felony punishable by between 6 and 30 years and up to $25,000 in fines. Penalties are increased for a BAC of .16 or higher. Additional Penalties for DUI with a BAC of .16 or Mor

'Among highest levels in recorded history' - Grafton

Degrees of DWI Charges in Minnesota DUI Attorney Douglas

Act 153 creates a felony level DUI offense for any individual who has previously been convicted of Homicide by Vehicle While DUI at any time in the past regardless of offense Tier. 75 Pa. C.S.A. g 3803(a)(3) If an individual is arrested for a DUI-type offense while their driving privileges have been suspended or restricted, they may be charged with higher-level offenses. The trend in numerous states is also to charge individuals with multiple DUI offenses with felony convictions after they have been arrested many times for DUIs or similar offenses. If convicted of a DUI in Georgia, the DUI penalties under current Georgia DUI laws dramatically increase for repeat offenses. If over the legal alcohol limit GA of 0.08 grams percent or more, that BAC level calls for mandatory jail time of not less than 24 hours, as set forth in Georgia drinking laws

Elements of a DUI Charge: What Evidence Will You Be Up

Drunken, high and naked Florida man crashed with half-nude

DUI Laws in the 1970s. During the 1970s, as it became more and more common for individuals to own cars, drunk driving laws began to change, both adding levels of intoxication to laws and making the laws regarding drunk driving more strict. During this time period, DUI laws changed greatly, and the legal drinking age was raised from 18 to 21. As a result, a San Diego DUI defense attorney can challenge BAC results that are between 0.08-0.10%, because they could be lower than the minimum 0.08% required by Vehicle Code 23152(b)driving with a BAC of at least 0.08%. 15. Police Misconduct. Even if you were driving under the influence, police misconduct may knock out your DUI charges On Sept. 30, 2003, Pennsylvania's legal limit for DUI was reduced from .10 to .08 blood alcohol content (or BAC). Along with that change came the use of tiers for DUI The effects of alcohol can vary from person to person. Here, you will find a detailed list of BAC (blood alcohol content) levels and what they mean to you. As a note, all states currently have DUI Per Se laws set at a BAC of .08. However, you can be arrested for lower levels of alcohol in your body. 0.02 — 0.03 BAC

The Definitive Guide on How to Get Out of a DUI. If you've been charged with DUI or DWI, you are innocent until prosecutors prove guilt beyond a reasonable doubt.That is a very high burden of proof for the DA.. You can beat a DUI charge by identifying legal flaws or doubts about any key evidence required to convict under VC 23152 Penalties for a BAC in the Warn Range, Failing a Standardized Field Sobriety Test or Violating Zero Tolerance If your blood alcohol concentration is 0.05 or higher, you fail a roadside sobriety test or you violate the zero tolerance requirements for young, novice and commercial drivers that begin on July 1, you will face A second-offense DUI in Louisiana is considered a misdemeanor with the following penalties upon conviction: Fine: $750 to $1,000. Jail time: 30 days to 6 months (home incarceration is a possibility) Probation: Up to 6 months, but 48 hours must be served in jail, along with community service and re-education programs Penalties for Excessive Blood Alcohol. There are two specific numbers used as thresholds for excessive blood alcohol: BAC of .15% or greater. BAC of .20% or greater. Each of these two thresholds carries its own specific penalties. .15% and above: At this level the law states that your BAC may be considered a special factor that may justify.

DUI Car Breathalyzer for 1st Time DUI Offenders Come to

Information on the laws and penalties you face if you were charged with a DUI in PA with the highest level BAC. If you are found guilty of driving under the influence (DUI or DWI) in Pennsylvania, the penalties are very harsh. If you add to the offense that you have a very high blood alcohol content, or BAC, your penalties will increase. Drunk driving arrests and convictions. Safety education. During 2019, 27,785 people were arrested for Operating While Intoxicated (OWI) in Wisconsin, including 298 persons who were under 18. Of the 5,957 drinking drivers involved in crashes in 2019, 318 (5%) were under age 21 and 5,639 (95%) were age 21 or older

Standard DUI/DWI Charges: What the Prosecution has to Prov

3 Best DUI Lawyers in Victoria, BC - ThreeBestRated

DUI Laws by State DuiDrivingLaws

For a third DUI offense and/or breath test refusal, your license will be automatically suspended until you go to trial. Conviction of a DUI offense will result in suspension of your driver's license and other penalties in addition to the administrative suspension. By operating a vehicle on Virginia highways, you have consented to a breath or. DUI Level II Four Plus frequently asked questions. 1. What is Level II Four Plus? In response to the felony DUI legislation passed in 2015, the Office of Behavioral Health (OBH), in conjunction with the Colorado Task Force on Drunk and Impaired Driving, created the new level of DUI treatment, Level II Four Plus Impaired Driving. In Arizona, if you are 21-years-old or older, you can receive a DUI charge if your Blood Alcohol Concentration (BAC) is above .08% (commercial vehicle driver - .04%, under 21 - 0.00%). If you are pulled over and suspected of driving under the influence of alcohol or drugs through field sobriety testing, a chemical test will be.

Blood Alcohol Levels and First-Time DUI: How They Affect

Below are penalties for a typical DUI first offense. Penalties for subsequent convictions are harsher. A third DUI within seven years or a DUI which involves death or substantial bodily harm are felony offenses. DUI Penalties Criminal • Arrest • Vehicle Impounded • Two days to six months in jail or community service • Fine $400 to $1,00 DUI Lookback Period and Priors. A person's level of offense and penalties for a DUI conviction is generally determined by the lookback period, providing there were no injuries involved in the event. Any DUI convictions or diversions since July 1, 2001, will be considered and used to enhance a sentence if there is a subsequent conviction. If. Get Legal Help for a Marijuana DUI Charge. Driving under the influence of marijuana is a serious charge, even if it is at the misdemeanor level. With this type of conviction on your record, your ability to obtain employment under certain circumstances may be limited. Insurance will become very hard to obtain and your premiums will surely go up You asked about Connecticut laws on driving under the influence (DUI) and related offenses. This report updates OLR Report 2011-R- 0319.. SUMMARY. Connecticut ' s DUI law consists primarily of two statutes, CGS §§ 14-227a and -227b.The first prohibits a person from driving (1) while under the influence of alcohol or drugs or (2) with an elevated blood alcohol content (BAC) Here are the minimum penalties for each level of DUI charge in California. These penalties assume no one was hurt or killed: First Offense DUI Minimum Penalties. Approximately $1800 in fines and costs. This includes the actual minimum fine ($390) plus various assessments (fees) paid to the government. 48 hours in jail

North Carolina DUI & DWI Laws & Enforcement DMV

DUI stands for Driving Under the Influence (of drugs or alcohol). Any person caught driving a vehicle with a blood-alcohol level that exceeds the legal limit will get a DUI charge. This offense has different names: DWI, or Driving While Intoxicated; OWI, or Operating While Impaired; OVUI, or Operating Under the Influence The first DUI laws in the United States prohibited driving drunk, but left it up to the arresting officers to determine what drunk meant. It wasn't until 1938—more than 30 years after the first DUI laws were enacted--that legal blood alcohol levels were set. The first breathalyzer, called the drunk o meter, was created by Indiana. Penalties for first time drink driving offences in which a summons is issued. If it is your first drink driving offence you will be required to attend court if your BAC was 0.08 or greater. If you are on a zero alcohol limit and your BAC is 0.02 but less than 0.05, you will receive a fine of $150 to $300, and 3 months disqualification Having a blood alcohol content level of more than .020 percent. The first Minor in Possession withdrawal action is a 30 day suspension, the second withdrawal action is a 90 day suspension, and the third or subsequent withdrawal action results in a one-year revocation Level 2 (prescribed concentration of alcohol of between 0.05 and 0.079); Level 3 (prescribed concentration of alcohol of between 0.08 and 0.149); and; Level 4 (those who are tested for 0.15 or higher). Drink driving and DWI charges are governed by the Road Transport (Alcohol and Drugs) Act 1977 in the ACT. There are a number of sentencing.

DWI Punishment Levels in North Carolin

DUI is a serious crime where lives are at stake. And, like with all legal matters, a lawyer should always be consulted. The guidelines and sample DUI letter below is for informational purposes only and does not constitute professional advice However, if your BAC level is under .05, you are presumed to NOT be under the influence of alcohol. What is the penalty for driving under the influence? A DUI has serious consequences including fees and other financial responsibilities, sobriety testing and education, the revocation of your driver license and even jail time Idaho Laws That Pertain to DUI/DWI. Idaho DUI laws limit the amount of alcohol allowed in a driver's blood system when operating a motor vehicle. The blood alcohol concentration (BAC) level is set to 0.08 percent for drivers older than 21 years of age, 0.02 percent for those younger than 21 years of age and 0.04 percent for commercial drivers Penalties Under Michigan's Super Drunk OWI Law. As stated, the penalties imposed for a Super DUI conviction in Michigan are approximately double those for regular OWI offenses. The criminal penalties you will face for an OWI charge with a BAC of 0.17 percent or higher include: Maximum 180 days jail time; 45 days driver's license suspensio

Up to 93 days in jail. Driver's license suspension for 90 days. If there is a prior drunk or drugged driving conviction, there is a driver license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years). 4 points are added to the offender's driving record An officer will serve you an immediate order of suspension if you have a blood alcohol content level (BAC) of 0.01% or greater, as measured by a preliminary alcohol screening (PAS) device or other chemical test, if you are on court-ordered probation for a DUI conviction. This is an APS action. The chart below shows the length of your suspension Second Florida DUI Conviction: Minimum fine of $1000 up to $2000. If your blood alcohol level was 0.15 or more, or you were driving with a minor in the vehicle - minimum fine is $2000, up to $4000. Imprisonment up to 9 months. If blood alcohol level was over 0.15% or if the DUI resulted in an accident or crash, jail time is increase to one year DUI: 4511.19(A)(1)(c) The person has a concentration of ninety-six-thousandths of one per cent or more but less than two hundred four-thousandths of one per cent by weight per unit volume of alcohol in the person's blood serum or plasma. DUI: 4511.19 (A)(1)(d) Breath Test with a .08 - .169 of 1 gram by weight (B.A.C.) per 210 liters of breath. DUI In the commonwealth of Pennsylvania, a first driving under the influence (DUI) conviction can have different penalties, depending on the level of intoxication of the offender. In this state, driving under the influence involves driving with a blood alcohol content (BAC) of 0.08 percent and above, according to Pennsylvania Consolidated Statutes (PCS) Chapter 38