This is Attorney Joseph Paletta. For your information and convenience, below you will find a document called a “D.U.I. Matrix” so that you may discover what minimum penalty will be imposed for a D.U.I. conviction in Pittsburgh, Allegheny County and surrounding counties. I say “minimum” penalty because the Pennsylvania legislature has mandated that these penalties are required to be imposed by a Sentencing Judge, and the penalties may, in fact, be increased; they may not be decreased. To discover if more than the mandatory minimum DUI penalties are likely to be imposed in your case, you must contact me to meet for a legal consultation so that I may inquire if any aggravating circumstances exist to make that increase likely.
To determine which penalty must be imposed, perform the following 3-step process: First, look along the top of the document for the number of DUI convictions you have had within the past 10 years. For example, if you had been convicted of DUI in 2012 and you were just arrested for another DUI, you would look at the top of the DUI Matrix and find “2nd in 10 years.” Second, look down the far left column to find the Blood Alcohol Content (or “BAC”) which corresponds to your test result. For example, if your BAC was .169, you would look the far left column to find the orange colored “BAC .16 or higher” section. Third, you would start with the applicable BAC, then move over to the right to find where that column intersects with the “2nd in 10 years” column to find the minimum penalties section that applies to you.
Please know that although many DUI cases are similar, your DUI may contain a factual variation which may change these general minimum penalties. For example, the following factual variations do make a difference to certain Sentencing Judges:
- Minors in the car
- DUI convictions outside the 10 year “look-back” period.
This is why it is in your best interest to contact me for a legal consultation so that I may review your paperwork, identify particulars which may make your DUI case different, and provide insight based upon extensive DUI trial defense experience. I look forward to speaking with and counseling you through this serious legal process. Joseph Paletta