What Constitutes a DUI?
The penalties for driving under the influence of alcohol or drugs are severe. In Pennsylvania, if you are of legal drinking age (21 or older), you are considered to be driving "while under the influence" if your blood alcohol level is .08 or higher. You may also be convicted of a DUI at lower alcohol levels if you are driving erratically (too slow, too fast, straddling your lane, making wide turns, stopping for no reason, failing to obey traffic signs and signals, etc.) If you are under 21, Pennsylvania has a Zero Tolerance Law which establishes serious consequences for those under 21 who drive with any measurable amount of alcohol in their blood reducing the blood levels from .08 to .02.
Implied Consent Law for testing.
Pennsylvania also has an Implied Consent Law which says that just by being licensed as a driver in Pennsylvania you have agreed to submit to DUI testing. If the police arrest you for a DUI of alcohol or drugs and you refuse to take one (1) one or more chemical tests of breath, blood or urine, your driving privilege will be automatically suspended for one (1) year. This suspension is in addition to the suspension imposed for a DUI conviction or ARD. Even if you are found not guilty of driving while under the influence, your driving privilege will be suspended for this refusal. If you refuse to take a test and you are found guilty of a DUI, your driving privilege may be suspended for two and a half (2.5) years depending on your alcohol level at the time of the arrest.
DUI Penalties.
Penalties for a DUI conviction become more severe depending on your blood alcohol concentration, the severity of any injuries and damages which result from a crash while driving under the influence, and the number of DUIs you have on your record
|
TABLE 1 – GENERAL IMPAIRMENT: .08 TO .099 BLOOD ALCOHOL CONCENTRATION (Note: These penalties apply to drivers of legal drinking age) |
|||
| Penalty | First Offense | Second Offense | Third 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 |
| License | No action | 12 month suspension | 12 month suspension |
|
TABLE 2 – HIGH RATE: .10 TO .159 BLOOD ALCOHOL CONCENTRATION (Note: This table also applies to drivers under age 21 with a BAC of .02 or more; commercial vehicle drivers with a BAC of .04 or more; school bus drivers with a BAC of .02 or more; and drivers with BAC of .08 to .099 and who are involved in a crash resulting in serious bodily injury, death or vehicle or property damage.) |
|||
| Penalty | First Offense | Second Offense | Third 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 |
| License | 12 month suspension (occupational limited license after 60-day suspension) | 12 month suspension | 18 month suspension |
|
TABLE 3 – HIGHEST RATE: .16 BLOOK ALCOHOL CONCENTRATION AND UP (Note: This table also applies to drivers who refuse breath testing or blood testing pursuant to a "valid" search warrant and drivers convicted of driving under the influence of Schedule I, II, or III substances that are not medically prescribed, a combination of another drug and alcohol or substances such as inhalants.) |
|||
| Penalty | First Offense | Second Offense | Third 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 |
| License | 12 month suspension (occupational limited license after 60 day suspension) | 18 month suspension | 18 month suspension |
Accelerated Rehabilitation Disposition (ARD)
For a first offense at the lowest rate of impairment you will not lose your license if accepted into the ARD program. For a first offense at the high or highest rates of impairment, if accepted into the ARD program you will:
- Lose your license for up to 60 days with ARD.
- Remain under court supervision for six (6) months.
- Pay a fine of between $500 and $5,000 in addition to related fees and other costs.
- Undergo alcohol and drug evaluation.
- Undergo alcohol and drug rehabilitation treatment, if necessary.
- Participate in 12.5 hours of Alcohol Highway Safety School.