A DUI in Pennsylvania can be a felony in certain circumstances. If it is your third DUI offense within ten years and your BAC greater than .16, or drugs or other controlled substances are involved, or if you refused of a breath test, or if you refused a blood test after a search warrant was obtained, then the DUI will be graded as a felony of the third-degree. If this is your fourth or greater DUI offense within 10 years, it will be a felony of the third-degree. If you have been convicted of Homicide by Vehicle While DUI at any time in your past, then the current DUI charge that you are facing (even if this is your first offense within the past ten years), will be graded as a third-degree felony.
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