DUI Laws and Penalties in Pennsylvania

DUI Laws and Penalties in Pennsylvania

Getting arrested for DUI in Pennsylvania can be scary. The penalties are harsh, and it can feel overwhelming to navigate the legal system. But there are options, and understanding the specifics of Pennsylvania’s DUI laws can help you make the best decisions if you find yourself in this situation.

What Constitutes a DUI in Pennsylvania?

In Pennsylvania, you can be charged with DUI if:

• Your blood alcohol content (BAC) is .08% or higher (called “per se” DUI)
• You’re under 21 and your BAC is .02% or higher
• You’re driving under the influence of a controlled substance
• You’re incapable of driving safely due to alcohol or drug consumption

Pennsylvania has a tiered system for DUI penalties – the higher your BAC, the harsher the penalties. There are also increased penalties for repeat DUIs within a 10-year period.

Penalties for First DUI Conviction

For a first DUI conviction, penalties range from probation and fines to jail time and license suspension, depending on your BAC and whether you caused an accident. An overview:

• General impairment (.08-.099% BAC): 6 months probation, $300 fine
• High rate (.10-.159% BAC): 48 hours to 6 months jail, $500-$5,000 fine, 12 month license suspension
• Highest rate (.16%+ BAC): 72 hours to 6 months jail, $1,000-$5,000 fine, 12 month license suspension

You’ll also have to complete a state-approved DUI class and alcohol highway safety school. Penalties increase if you caused an accident or had a minor in the vehicle.

Penalties for Second DUI Conviction

A second DUI conviction brings harsher punishments, even for general impairment:

• General impairment: 5 days to 6 months jail, $300-$2,500 fine, 12 month license suspension
• High rate: 30 days to 6 months jail, $750-$5,000 fine, 12 month license suspension
• Highest rate: 90 days to 5 years prison, $1,500-$10,000 fine, 18 month license suspension

You’ll also have to attend alcohol highway safety school. Penalties increase if you caused an accident or had a minor in the vehicle.

Penalties for Third DUI Conviction

A third DUI conviction within a 10-year period is a first-degree misdemeanor with severe penalties:

• General impairment: 10 days to 2 years prison, $500-$5,000 fine, 12 month license suspension
• High rate: 90 days to 5 years prison, $1,500-$10,000 fine, 18 month license suspension
• Highest rate: Up to 10 years prison, up to $25,000 fine, 18 month license suspension

Causing an accident or having a minor in the vehicle leads to further penalties. You may also have to forfeit your vehicle.

Penalties for Fourth and Subsequent DUIs

The penalties for fourth and subsequent DUIs get progressively worse. A fourth DUI or more leads to extended jail/prison time, fines up to $10,000, and an 18-month license suspension.

Additional DUI Penalties

On top of the fines and jail time, a DUI conviction also brings:

• License suspension – duration depends on offense number and BAC
• Ignition interlock device required after suspension
• Up to 150 hours community service
• Court and jail costs
• SR-22 insurance requirements
• Drug and alcohol evaluation and classes

Underage DUI Penalties

For drivers under 21, the legal BAC limit is lower – just .02%. Penalties for underage DUI include:

• First offense: $500 fine, license suspension 90 days-2 years
• Second offense: $1,000 fine, license suspension 1-4 years
• Third offense: $1,500 fine, license suspension until 21st birthday or 2 years, whichever is longer

Refusing a Breathalyzer Test

Refusing a breath, blood, or urine test carries serious penalties in Pennsylvania. First refusal leads to a 12 month license suspension, subsequent refusals 18 months. Refusal also means police can use force to get a blood sample.

DUI With a CDL

For commercial driver’s license (CDL) holders, the legal BAC limit is lower, .04%. Getting a DUI with a CDL can affect your employment and livelihood. Penalties include disqualification from driving commercially.

Can You Get a DUI Without Driving?

Yes, you can get a DUI in Pennsylvania even if you weren’t driving. Just being in “actual physical control” of a vehicle while impaired is enough. So sleeping in a parked running car, sitting behind the wheel, or being in the driver’s seat with access to keys can lead to DUI charges.

Aggravated DUI Charges

If certain conditions were present during your DUI, you may face additional “aggravated DUI” charges:

• Minor in vehicle
• DUI with a suspended license
• Third DUI offense
• DUI with accident causing bodily injury/death

These carry additional penalties beyond the standard DUI fines and sentences.

Pennsylvania DUI Defense Options

Being arrested for DUI doesn’t mean you’ll necessarily be convicted. An experienced DUI defense attorney can review the details of your case and build a strong defense to fight the charges. Some options include:

• Contesting the traffic stop
• Challenging the accuracy of breathalyzer tests
• Questioning the validity of field sobriety tests
• Negotiating reduced charges or diversion programs

An attorney may also be able to get DUI charges dismissed due to lack of evidence or technicalities. For first-time offenders, applying for the ARD program can lead to reduced penalties and avoidance of a criminal record.

Long-Term Consequences of a DUI

Beyond the immediate fines and jail time, a DUI conviction can negatively impact your life for years. Some long-term consequences include:

• Difficulty finding or keeping a job, especially if you need to drive
• Significantly higher car insurance rates
• Difficulty renting a home or apartment
• Limitations on international travel to certain countries
• Loss of custody or visitation rights
• Damage to your reputation and relationships

These lasting impacts demonstrate why it’s so important to seek experienced legal help if you’re facing DUI charges. An attorney may be able to help mitigate or avoid many of these consequences through strong defense strategies.

Conclusion

Pennsylvania has strict drunk driving laws, but experienced DUI defense lawyers can often negotiate favorable outcomes for their clients. Don’t go through this alone. Consult with an attorney as soon as possible after a DUI arrest to protect your rights and future.