Is an Extreme or Super Extreme DUI a Felony?
It’s well known that driving under the influence of alcohol or drugs is against the law. It can lead to serious situations such as car accidents or fatalities. If a person is caught by authorities driving under the influence with an exceedingly high BAC, they could face an “Extreme DUI” or “Super Extreme” charge.
While the names may suggest these are felony DUI charges, they are still misdemeanors. However, as of 2018, Pennsylvania treats a third DUI conviction as a felony, regardless of the severity.
To better understand the difference between these types of DUI, we’ll define these misdemeanors and what punishments each of them carries.
What Is The Difference?
Driving under the influence of drugs or alcohol can land you in a lot of trouble. Even some legal drugs can result in a DUI. A blood alcohol level of .08% (or .05%, depending on the state) or higher may result in a DUI charge. While this is considered the “legal limit,” even a modest amount of drugs or alcohol can result in a DUI conviction.
An Extreme DUI means your blood alcohol content is between .15% and .20% while operating a vehicle.
You may be charged with a Super Extreme DUI if you have a blood alcohol level of .20% or higher while operating a motor vehicle.
Penalties For Extreme DUI
A first-time offender of an Extreme DUI will face a minimum of 30 days in jail and a fine of at least $2,800. They may have to finish alcohol highway safety school, receive treatment, and perform community service as mandated by the court. The obligatory minimum sentence for a second or subsequent crime is at least 90 days in jail and a fine of at least $1,000.
The administrative sanctions mandate the driver to install an ignition interlock for a year on every car they operate. The driver may have their license suspended for up to 12 months after an administrative hearing if it is their second or subsequent incident.
Penalties For Super Extreme DUI
If a driver is charged with Super Extreme DUI, they face a minimum of 45 days in jail and a fine of at least $3,300 will be imposed. In a similar manner to an Extreme DUI, a driver charged with Super Extreme DUI will have to finish alcohol highway safety school, receive treatment, and perform community service as mandated by the court. For a second or subsequent crime, the penalties increase to at least 180 days in jail and a minimum fine of $4,700.
Again, the administrative sanctions mandate the driver to install an ignition interlock for a year and a half on every car they operate and two years for a second offense. For a second or subsequent offense, the driver’s license will be suspended, and they will be subject to administrative hearings where their license might be suspended for up to 12 months.
