When you are charged with a DUI, the penalties depend on your previous convictions and your blood alcohol content (BAC) level. Title 18 Pa.C.S. 6105(c)(3) states that your right to carry and purchase a firearm is restricted if you are charged with three DUIs in a five-year period.
A DUI is a serious offense and can have consequences that affect your job, relationships, and freedom. Because first and second DUIs are labeled as misdemeanors, your right to purchase a firearm is not restricted unless your DUI was considered a felony. If you have been convicted of a DUI and need legal representation or advice about past convictions, contact an experienced DUI attorney in Pennsylvania.
What Is the Difference Between a Misdemeanor DUI and a Felony DUI?
In Pennsylvania, if you have more than two DUIs in five years or were convicted of a felony DUI, you are unable to purchase or carry a firearm. If you only have one DUI, but it is considered a felony, your rights are restricted.
Most DUIs in Pennsylvania are considered misdemeanors, but if serious injuries or death are caused during the accident, the DUI is considered a felony. Under 75 Pa.C.S.A. § 3803, you can be charged with a felony DUI if you are convicted of two DUIs within the last 10 years and a minor under the age of 18 was in your vehicle at the time.
When charged with a DUI in Pennsylvania, the penalties are based on the three-tiered system. Depending on your number of DUI convictions and your BAC, your restrictions and repercussions will vary. Still, if there was no serious injury or death, the DUI is considered a misdemeanor, and you are able to keep the right to purchase and carry a firearm.
Can I Have My Gun Rights Restored after a PA DUI Conviction?
A person convicted of a DUI can seek to restore their right to firearms through a pardon. This is where an individual seeks forgiveness of criminal conduct by the Pennsylvania Governor’s Board of Pardons. Some good news is that DUI convictions that have no connection to severe injuries or death can seek a Governor’s Pardon to restore gun rights.
Those with felony DUIs that caused severe harm or death to another person are not eligible to seek a pardon due to federal laws prohibiting firearms ownership for those with one or more convictions of a felony, even if your rights are restored in Pennsylvania.
When Should You Contact a DUI Attorney for Legal Guidance?
If you are dealing with a DUI felony or a third DUI conviction, a DUI defense attorney will significantly increase your chances of less severe penalties. The legal proceeding can be complicated, but with legal guidance from an experienced attorney, you will have someone to answer questions and stay by your side. When you work with a DUI attorney, they can help with the following:
- Research and gather evidence for the case
- Help formulate a plea
- Examine witnesses
- Analyze the prosecutor’s case
- Assess the potential sentences
Contacting an attorney is crucial and should be a top priority for those encountering a DUI conviction. The sooner you speak with an experienced attorney, the more time they have to collect the necessary information for your case.
Call Experienced Pennsylvania DUI Lawyers at Rubin, Glickman, Steinberg & Gifford
The right to bear arms is a fundamental right, and when that is taken away from you due to past actions, you can feel frustrated. Our team at Rubin, Glickman, Steinberg & Gifford has over 65 years of experience advocating for clients. We understand how essential your right to bear arms is when participating in recreational activities and community events.
With strong communication and an unyielding determination, our team has built a network of trusted individuals to help you achieve the best possible outcome for your case.
Contact 215-822-7575 or fill out our online contact form for a free consultation.