Pennsylvania DWI & DUI Laws
Pennsylvania DUI & DWI laws are different than most states. Rather than having a cut off for “intoxication,” they have a tiered system based on the level of registered blood-alcohol concentration (or BAC). The BAC level affects penalties, fines, driver’s license suspension, and additional penalties.
The legal limit is still .08% for non-commercial drivers that are above the legal drinking age. However, the amount at which the BAC is calculated carries a different weight in the eyes of the law. The three tiers are:
- General Impairment: .08 to .099% BAC
- High BAC: .10 to .159% BAC
- Highest BAC: .16% and higher
Penalties, Fines, & Suspension
| General Impairment: .08-.099% BAC | |||
|---|---|---|---|
| Penalty | 1st offense | 2nd offense | 3rd offense |
| Sentence | 6 months probation | 5 days to 6 months in prison | 10 days to 2 years in prison |
| Fine | $300 | $300-$2,500 | $500-$5,000 |
| Driver’s License Suspension | No action | 12 month suspension | 12 month suspension |
| High BAC: .10 to .159% BAC | |||
|---|---|---|---|
| Penalty | 1st offense | 2nd offense | 3rd offense |
| Sentence | 2 days to 6 months in prison | 30 days to 6 months in prison | 90 days to 5 years in prison |
| Fine | $500-$5,000 | $750-$5,000 | $1,500-$10,000 |
| Driver’s License Suspension | 12 month suspension (occupational limited license after 60 days) | 12 month suspension | 18 month suspension |
| Highest BAC: .16% and higher | |||
|---|---|---|---|
| Penalty | 1st offense | 2nd offense | 3rd offense |
| Sentence | 3 days to 6 months in prison | 90 days to 5 years in prison | 1 year to 5 years in prison |
| Fine | $1,000-$5,000 | $1,500 | $2,500 minimum |
| Driver’s License Suspension | 12 month suspension (occupational limited license after 60 days) | 18 month suspension | 18 month suspension |
Chemical Test Refusal
If states with tiered penalties, compliance with chemical tests become increasingly important. Because the BAC levels are weighted, a chemical state can have a major impact in a DUI case. However, Pennsylvania is an “implied consent” state, which means that anyone with a Pennsylvania driver’s license has agreed to take a breath, blood, or urine test if arrested or stopped for a DUI.
If you do not comply with the chemical test, the state can suspend a person’s driving privileges, even if that person is not found guilty for driving under the influence. If a person refuses a chemical test multiple times, the punishment is increased. All driver’s license suspension for chemical test refusal is in addition to any punishment for the DUI conviction.
1st offense: 1 year driver’s license suspension
2nd offense: 18 month driver’s license suspension
3rd offense: 18 month driver’s license suspension
Ignition Interlock
Ignition Interlock devices are required for repeat offenders in Pennsylvania. A driver is required to have a dashboard breath tester installed in their vehicle for one year for the second offense and other following DUI convictions. The installation and maintenance fees are the responsibility of the driver.
Criminal Record
In Pennsylvania, a DUI can stay on your record for up to 10 years. That means that the courts can (and, likely, will) use a previous DUI conviction to increase penalties in the event of another DUI. However, a standard DUI conviction will likely be a misdemeanor. A DUI per se in Pennsylvania is not a felony charge, regardless of the number of offenses. If there there are additional charges in association with the conviction, such as assault or manslaughter, it can be upgraded to a felony.
Minors
Pennsylvania is a “Zero Tolerance” state when it comes to minors drinking and driving. The state increases penalties for anyone under 21 that has a measurable amount of alcohol registered in a chemical test. If a minor registers .02% or above, they can be charged with a DUI. A DUI conviction for a person under 21 has hefty consequences, such as 2 days to 6 months in jail, 1 year driver’s license suspension, and a $500-$5,000 fine.
More on PA DUI Laws:
Pennsylvania DUI Legislation: http://www.dmv.pa.gov/Information-centers/Laws-Regulations/Pages/DUI-Legislation.aspx#.VzyPc5ErKHu
Pennsylvania Driver’s Manual – Driving Under The Influence: http://www.dot.state.pa.us/Public/DVSPubsForms/BDL/BDL%20Manuals/Manuals/PA%20Drivers%20Manual%20By%20Chapter/English/chapter_4.pdf