DUI & DWI in Pennsylvania

In 2003, Pennsylvania took a major leap toward eradicating drunk driving through the passing of Act 24. In a nutshell, this fist-waving law made it easier for law enforcement to confront the drinking and driving problem by dropping the legal blood alcohol content limit for drivers down to 0.08%, and it introduced alcohol treatment into the penalty package.

Blood Alcohol Content (BAC) Defined

The state operates behind a three-tiered definition for DUI based on a driver's BAC:

• General impairment: 0.08% to 0.099%

• High BAC: 0.10% to 0.159%

• Highest BAC: 0.16% and up

Penalties

General Impairment

• First offense:

• You can face up to six months of probation.

• Be hit with a $300 fine.

• Attend mandatory alcohol highway safety school.

• Be ordered to seek alcohol and drug treatment.

• Second offense:

• Have your license suspended for one year.

• Spend five days to six months in jail.

• Get slugged with a fine ranging from $300 to $2,500.

• Attend mandatory alcohol highway safety school.

• Be ordered to seek alcohol and drug treatment.

• Get saddled with an ignition interlock system for one year.

• Three or more offenses:

• You will be charged with a second-degree misdemeanor.

• Have your license suspended for one year.

• Get heaved into jail from 10 days to two years.

• Face a fine ranging from $500 to $5,000.

• Be ordered to seek alcohol and drug treatment.

• Get saddled with an ignition interlock system for one year.

High BAC

• First offense:

• License suspended for one year.

• Face anywhere from 48 hours to six months in jail.

• Get whacked with a fine ranging from $500 to $5,000.

• Attend mandatory alcohol highway safety school.

• Be ordered to seek alcohol and drug treatment.

• Second offense:

• Automatic one-year driver's license suspension.

• Get pitched into jail for 30 days to six months.

• Be fined anywhere from $750 to $5,000.

• Attend mandatory alcohol highway safety school.

• Be ordered to seek alcohol and drug treatment.

• Get burdened with an ignition interlock system for one year.

• Three offenses:

• You will be charged with a first-degree misdemeanor.

• Automatic 18-month license suspension.

• Get bounced into jail for 90 days to five years.

• Fined anywhere from $1,500 to $10,000.

• Be ordered to seek alcohol and drug treatment.

• Get burdened with an ignition interlock system for one year.

• Four or more offenses:

• You will be charged with a first-degree misdemeanor.

• Automatic 18-month suspension.

• Get bounced into jail for one to five years.

• Fined anywhere from $1,500 to $10,000.

• Be ordered to seek alcohol and drug treatment.

• Get burdened with an ignition interlock system for one year.

Highest BAC

• First offense:

• License suspended for one year.

• Face anywhere from 72 hours to six months in jail.

• Get jabbed with a fine ranging anywhere from $1,000 to $5,000.

• Attend mandatory alcohol highway safety school.

• Be ordered to seek alcohol and drug treatment.

• Second offense:

• Charged with a first-degree misdemeanor.

• Automatic 18-month suspension.

• Ordered to spend 90 days to five years behind bars.

• Fined anywhere from $1,500 to $10,000.

• Attend mandatory alcohol highway safety school.

• Be ordered to seek alcohol and drug treatment.

• Get stuck with an ignition interlock system for one year.

• Three or more offenses:

• Charged with a first-degree misdemeanor.

• Automatic 18-month suspension.

• Get bounced into jail for one to five years.

• Fined anywhere from $2,500 to $10,000.

• Be ordered to seek alcohol and drug treatment.

• Get saddled with an ignition interlock system for one year.

Other Long-term Consequences

In addtion to court-ordered penalties, you will also get socked by higher car insurance rates that can dog you for the rest of your driving life. Your rates typically will triple, and in some cases your insurance carrier might drop you.

More Information

Chapter Four of the Driver's Manual provides detailed information about Pennsylvania's DUI laws, including the zero-tolerance law for those under 21, implied consent to BAC testing, driving impaired by medication, and the interstate Driver's License Compact.

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