PA DUI LAWS
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Driving Under the Influence is a Serious Crime in Pennsylvania
If you or someone close to you has been charged with a driving under the influence in Pennsylvania you probably have many questions about the law and the consequences that accompany it. It is important for you to understand that DUI is a serious crime in PA with consequences that can severely complicate your life. The penalties include expensive fines, probation, drug and alcohol assessment, alcohol safety training, court ordered evaluations, increased insurance rates, ignition interlock devices, driver’s license suspension, and jail.
The Commonwealth will vigorously pursue the charges against you and seek the maximum penalties. The arresting police officer and district attorney prosecuting your case are well trained and very experienced in convicting DUI defendants. Therefore, it is extremely important that you hire an experienced DUI attorney as soon as possible that is ready to fight for your rights and aggressively defend you. This article explains the basics of PA DUI laws; however, each topic is examined in greater detail in separate articles on this web site.
PA DUI Penalties
The chart below shows Pennsylvania DUI Law's Mandatory Minimum Sentencing. As you can see, there is a wide range in penalties that is dependent upon the factors discussed in greater detail below. In brief, Penalties for violating PA DUI Laws can be as low as a $300 fine, a short term of probation, and no driver’s license suspension to as high as a $10,000 fine, 5 years in jail, and 18 months driver’s license suspension.
| BAC Level | No prior DUI Conviction | 2nd Conviction (in 10 years) | 3rd Conviction (in 10 years) | 4th Conviction (in 10 years) |
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| (General) .08 to .099% or Incapable of Safe Driving |
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| (High) .10 to .159% or Accident w/ Injury Property Damage Minors w/ .02 BAC CDL Drivers w/ .04 BAC School Drivers w/ .04 BAC |
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| (Highest) .16% or greater or Chemical Test Refusal Drugs |
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How PA DUI Laws Apply
In Pennsylvania, Driving Under the Influence is a per se offense (Latin meaning by itself). The effect of this is that to convict someone accused of DUI the Commonwealth only has to prove that the accused drove, operated or was in control of a motor vehicle with a BAC of .08% or higher. In other words, once if the DA can show those facts they have enough evidence to get a conviction.
Levels of BAC and DUI Offense Record
There are two basic factors that determine the penalty range for a DUI offender in Pennsylvania, an individual's Blood Alcohol Content (BAC) level and prior offenses. The combination of these factors determines the licensing requirements and penalties under PA DUI law. The first factor, BAC, measures the driver’s intoxication level. The three levels of BAC DUI are; General Impairment (.08 to .099%), High BAC (.10 to .159%), and Highest BAC (.16% and higher). The second factor is the driver’s prior DUI offense record. In short, the penalties are least severe for first time offenders and become stricter with each additional offense.
BAC Under .08
A driver with BAC lower than .08% might still be convicted of DUI; however, the Commonwealth must produce evidence to show that the accused was intoxicated enough to render them incapable of safely driving, or being in control of a motor vehicle. Therefore, the Commonwealth’s burden of producing evidence is far more difficult than in case with a BAC of .08 or higher.
Implied Consent to Breath and/or Chemical Testing
Anyone who drives a car in Pennsylvania is deemed to have given their consent to breath, blood or urine chemical tests for the purpose of determining if they are driving under the influence of alcohol or drugs. Since this is an implied consent law, Pennsylvania can then punish drivers who refuse to submit to a breath or chemical test. Refusing the tests is unwise because the punishment is sever - drivers who refuse the breath or chemical tests are treated as offenders with the Highest rate of BAC. Therefore, there is usually nothing gained by refusing BAC testing considering the automatic one year license suspension. It is better to take the test and challenge the results.
Aggravating Circumstances
While BAC and offense history combine to determine the punishment level for the majority of PA DUI offenders additional factors are relevant in certain cases. For example, special classes of drivers and the existence of a crash are aggravating circumstances that will increase the penalties regardless of BAC and a drivers DUI offense record. Specifically, drivers under 21 years old, commercial drivers, school vehicle and school bus drivers, may be subject to the high BAC penalties even if their BAC is not in the high category. Likewise, offenders involved in an accident that results in personal injury or property damage may be sentenced to the high BAC penalty range. Further, DUI defendants who refused a breath or chemical test may receive a sentence in the highest BAC range.
Pennsylvania's DUI ARD Program
Avoid Jail - Avoid Long License Suspension - Avoid Criminal Record
An Accelerated Rehabilitative Disposition (ARD) is pre-trial disposition that may lead to the dismissal of charges without a trial or traditional guilty plea. In other words, an ARD is a way of addressing criminal charges without going to trial or even a guilty plea. The program reflects the Commonwealth's desire to provide treatment to first time offenders. In fact, if the terms of the ARD program are followed, the charges are dismissed. Eligibility for ARD is within the District Attorney's discretion. However, the option is usually available for first time DUI offenders without a prior criminal record. Certain aggravating factors such as an accident resulting from the DUI, drug use, or a poor driving record can preclude a first time offender from entering a county's DUI ARD program.
DUI Drivers License Suspension Under ARD
Pennsylvania law requires drivers license suspensions for DUI ARDs based on the driver's BAC range. Specifically, ARD eligible defendants with a BAC less than .10% have no suspension. ARD Defendants with a BAC .10% but less than .16% must have a 30 day suspension; if BAC is .16% and above the suspension is 60 days.
PA DUI Driver's License Suspensions (when not in the ARD Program)
BAC below .10% / Incapable of Safe Driving
No suspension for first offense if the driver meets certain criteria; 1 year license suspension for second or subsequent offenses.
BAC at or above.10% / Less than .16%
1 year license suspension for first and second offense. 18 month suspension for third or subsequent offenses.
BAC .16% and Above
One year license suspension for first offense. 18 month suspension for second or subsequent offenses.
Out-of-state DUI convictions
No suspension for first offense. One year suspension for second or subsequent offenses.
Additional DUI Consequences
The costs and negative effects of a DUI in Pennsylvania are high and far reaching beyond the fines and penalties imposed by courts. To start, there is the embarrassment and social stigma that comes with any arrest. In some cases, a driving under the influence conviction could result in job loss. If there is a license suspension there is the cost and inconvenience of relying on family, friends, and public transportation for going everywhere you once drove. Some of the monetary costs that follow a DUI conviction include: towing and vehicle impound, bail, court fees, legal fees, higher insurance rates, and license reinstatement. The average cost of a DUI cost thousands of dollars.
Defenses to PA DUI Laws
To convict an accused of DUI in Pennsylvania the Commonwealth has the burden to prove guilt beyond a reasonable doubt (unless the accused enters a plea agreement). Below are some common ways to challenge a PA DUI charge. However, every case is different and the facts of your case will determine what defenses are available or if a unique defense exists. For a full article on this issue read PA DUI Defenses.
Stop & Arrest were Illegal
If the police do not have probable cause the arrest is illegal and the charges will fail.
Field Sobriety Test was Unfair
Even the standard field sobriety tests (one leg stand and walk and turn) are not always accurate. These tests are wrong about 30 to 35% of the time. People who are over 65, overweight, injured, or sick are more likely to fail while sober. For a field sobriety test to be fair it should be given on a flat and dry surface.
The BAC Breath Test was Inaccurate
There are many challenges to BAC breath test results. These tests may be inadmissible if the police fail to observe and observation period, are unlicensed to operate a BAC breath test, misuse the machine, or use a faulty machine. There are also legal everyday substances that can interfere with the machine and cause an elevated breath test result.
Inaccurate Blood Test Results
For blood test results to be uses as evidence in Pennsylvania courts they must be done in an approved facility and follow certain procedures. When the DUI suspect stopped drinking in relation to the time they were driving and when the tested was performed is also important and may be used to show the driver was not intoxicated.
Health Problems
Medical problems can preclude a person form passing a field test and can interfere with breath and chemical test results.
Special Programs
Occupational Limited Licenses (OLL's)
Under Pennsylvania DUI law a first time offender can apply for an OLL once they have served 60 days of their driver's license suspension. First time underage drinking violators may also be eligible for an OLL. First time offenders of the highest rate of PA DUI law may apply for an ignition interlock OLL to cut 6 months off their 18 month license suspension.
Ignition Interlock
An ignition interlock is an alcohol breath test that is installed on cars owned by individuals with multiple DUI convictions to prevent the driver to operate the car while intoxicated. In order to start the car the driver must blow into the device. If alcohol is detected, the ignition interlock will prevent the vehicle from starting. Furthermore, the interlock requires the driver to blow into the device to ensure they are not drinking while driving. There are limited exemptions for financial hardship and for employer owned vehicles.
As noted above, a first time DUI offender is eligible to apply for an ignition interlock limited license after they served one year of their 18 month suspension. For individuals convicted of two or more PA DUIs they must have an ignition interlock installed on their car before they can have their drivers license fully restored.
Post DUI Related Crimes
Driving with a Suspended PA License After DUI / .02 BAC Rule
Driving with a suspended license due to a DUI conviction is a special crime in Pennsylvania. The rules are specific and more harsh than for driving with a suspended license for reasons other than DUI. If convicted of driving with a suspended driver's license with a suspension related to a DUI charge or chemical test refusal, the offender could lose their license for a year, be fined $500 and face imprisonment for at least 60 days. If the driver's has a BAC at the time of the suspended driving arrest and it is .02 (much lower than the standard .08% limit) or greater, the penalties become even more sever. Offenders face loss of license for a year, a mandatory fine of $1,000, and mandatory imprisonment for not less than 90 days. Penalties continue to increase with additional violations.
Ignition Interlock Violations
It is a crime to tamper with or drive without an ignition interlock device. If convicted of an ignition interlock violation the offender will have their ignition interlock period extended one year from the date of conviction for the first tampering offense.