Pennsylvania DUI Laws

If you are arrested for DUI in the state of Pennsylvania, the police will request that you take a breath, blood or urine test to determine your blood alcohol content (BAC).

In Pennsylvania there are now three levels of DUI:

1. BAC of 0.08% to 0.099% is considered General Impairment

2. BAC of 0.10% to 0.159% is considered High BAC

3. BAC of 0.16% or higher is considered the Highest BAC

If the test shows that you have a BAC of 0.08% or higher, and you are convicted of DUI, you should expect the following consequences:

General Impairment Penalties for First DUI Offense in Pennsylvania:

• Ungraded misdemeanor
• Up to 6 months of probation
• $300 fine
• Alcohol highway safety school
• Treatment if ordered by court

You may have a juvenile complaint filed against you if you are under the age of 18. If this happens your parents will be notified of the arrest

If you are between the ages of 18-20, you will be sentenced to 48 hours in jail unless you qualify for an Accelerated Rehabilitative Disposition Program.

For first convictions, if the offender serves a 60-day license suspension, occupational limited licenses are permitted. Under this license, driving is permitted for work and rehabilitation for a limited number of hours each day.

General Impairment Penalties for Second DUI Offense in Pennsylvania:

• Ungraded misdemeanor
• 12 month suspension of license
• Up to 6 months in jail
• Up to $2,500 fine
• Alcohol highway safety school
• Treatment if ordered by court
• 1 year ignition interlock

General Impairment Penalties for Third or More DUI Offense in Pennsylvania:

• 2nd degree misdemeanor
• 12 month suspension of driver’s license
• Up to 2 years in prison
• Up to $5,000 fine
• Treatment if ordered by court
• 1 year ignition interlock

In Pennsylvania the law creates higher penalties for those with a higher BAC level.

Treatment is allowed for all levels and alcohol highway safety school is required for all first and second time offenders.

BAC of 0.10% to 0.159% is considered High BAC.

High BAC Penalties for First DUI Offense in Pennsylvania:

• Ungraded misdemeanor
• 12 month suspension of license
• Up to 6 months in prison
• Up to $5,000 fine
• Alcohol highway safety school
• Treatment if ordered

High BAC Penalties for Second DUI Offense in Pennsylvania:

• Ungraded misdemeanor
• 12 month suspension of license
• Up to 6 months in prison
• Up to $5,000 fine
• Alcohol highway safety school
• Treatment if ordered
• 1 year ignition interlock

High BAC Penalties for Third or More DUI Offence in Pennsylvania:

• 1st degree misdemeanor
• 18 month suspension of license
• Up to 5 years in prison
• Up to $10,000 fine
• Treatment if ordered
• 1 year ignition interlock

For those offenders with the highest BAC levels, the law has strict penalties.

However, it allows for treatment. An approach which is even-handed allows offenders to receive counseling for their alcohol problem, but still punishes those who continue to drink and drive.

BAC of 0.16% or higher is considered the Highest BAC.

Highest BAC Penalties for First Offense in Pennsylvania:

• Ungraded misdemeanor
• 12 month suspension of license
• Up to 6 months in prison
• Up to $5,000 fine
• Alcohol highway safety school
• Treatment if ordered

Highest BAC Penalties for second or More DUI Offense in Pennsylvania:

• 1st degree misdemeanor
• 18 month suspension of license
• Up to 5 years in prison
• Up to $10,000 fine
• Alcohol highway safety school
• Treatment if ordered
• 1 year ignition interlock