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Pennsylvania DUI Laws

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The maximum prescribed legal BAC limit in Pennsylvania is 0.08% per se
(effective from Sep 30th 2003)

(If you’ve been charged with Pennsylvania DUI, the law allows only 10 days for your Pennsylvania DUI lawyer to make a request with the Pennsylvania DOT (Department of Transportation) for a hearing to save your driving license)

Pennsylvania DUI cases are referred to as drunk driving, driving under the influence (DUI), driving while impaired (DWI) or driving after imbibing (DAI).

Pennsylvania DUI Laws and BAC limits

ALL DRIVERS - BAC LIMIT = 0.08%
In the State of Pennsylvania it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content - concentration) of 0.04% or above.

MINOR (under the age of 21) - BAC LIMIT = 0.02%
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.02% or above.

It is a crime to refuse to submit to a chemical test in Pennsylvania and implied consent laws are enforced.

BLOOD ALCOHOL CONTENT CALCULATOR Calculate your BAC using our calculator, know your legal drunk driving limits and stay safe!!

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Penalties for DUI - Drunk Driving in Pennsylvania

Pennsylvania is a state with a ten-year ‘washout period’ also known as a 'look back period'.

Pennsylvania DUI DAI law has a three-tiered penalty system.
Separate penalties for those who drive with a blood alcohol content of:

1) 0.08 to less than 0.10% - General Impairment
2) 0.10 to less than 0.16% - High Rate of Alcohol
3) 0.16 or higher - Highest Rate of Alcohol

First DUI DAI - Drunk Driving Conviction - MISDEMEANOR

The penalty for a first DUI DAI - drunk driving conviction in Pennsylvania:

Penalty for first DAI with BAC between 0.08 to less than 0.10%

• Fine: $300 fine
• License Suspension: no drivers license suspension on first offence
• mandatory minimum 6 months probation
• up to 150 hours of community service
• possible attendance at victim impact panel
• must attend alcohol highway safety school
• alcohol abuse screening & treatment as required
• Pennsylvania SR22 insurance requirement

Penalty for first DAI with BAC between 0.10 to less than 0.16%

• Fine: $500 to $5,000 fine
• Jail: not less than 48 hours
• License Suspension: 12 months drivers license suspension (occupational restricted license may be available after first 60 days suspension)
• up to 150 hours of community service
• possible attendance at victim impact panel
• must attend alcohol highway safety school
• alcohol abuse screening & treatment as required
• Pennsylvania SR22 insurance requirement

Penalty for first DAI with BAC 0.16% and above

• Fine: $1,000 to $5,000 fine
• Jail: not less than 72 hours
• License Suspension: 12 months drivers license suspension (occupational restricted license may be available after first 60 days of suspension )
• up to 150 hours of community service
• possible attendance at victim impact panel
• must attend alcohol highway safety school
• alcohol abuse screening & treatment as required
• Pennsylvania SR22 insurance requirement

Second DUI DAI - Drunk Driving Conviction - MISDEMEANOR

The penalty for a second DUI DAI - drunk driving conviction in Pennsylvania:

Penalty for second DAI with BAC between 0.08 to less than 0.10%

• Fine: $300 to $2,500 fine
• Jail: not less than 5 days in jail
• License Suspension: 12 months drivers license suspension
• Ignition Interlock: 1 year ignition interlock restriction upon license re-instatement
• up to 150 hours of community service
• possible attendance at victim impact panel
• must attend alcohol highway safety school
• alcohol abuse screening & treatment as required
• Pennsylvania SR22 insurance requirement

Penalty for second DAI with BAC between 0.10 to less than 0.16%

• Fine: $750 to $5,000 fine
• Jail: not less than 30 days jail
• License Suspension: 12 months drivers license suspension
• Ignition Interlock: 1 year ignition interlock restriction upon license re-instatement
• up to 150 hours of community service
• possible attendance at victim impact panel
• must attend alcohol highway safety school
• alcohol abuse screening & treatment as required
• Pennsylvania SR22 insurance requirement

Penalty for second DAI with BAC 0.16% and above

• Fine: not less than $1,500 fine
• Jail: not less than 90 days in jail
• License Suspension: 18 months drivers license suspension
• Ignition Interlock: 1 year ignition interlock restriction upon license re-instatement
• up to 150 hours of community service
• possible attendance at victim impact panel
• must attend alcohol highway safety school
• alcohol abuse screening & treatment as required
• Pennsylvania SR22 insurance requirement

Third DUI - Drunk Driving Conviction - Misdemeanor

The penalty for a third DUI DAI - drunk driving conviction in Pennsylvania:

Penalty for third DAI with BAC between 0.08 to less than 0.10%

• Fine: $500 to $5,000 fine
• Jail: not less than 10 days in jail
• License Suspension: 12 months drivers license suspension
• Ignition Interlock: 1 year ignition interlock restriction upon license re-instatement
• up to 150 hours of community service
• possible attendance at victim impact panel
• alcohol abuse screening & treatment as required
• Pennsylvania SR22 insurance requirement

Penalty for third DAI with BAC between 0.10 to less than 0.16%

• Fine: $1,500 to $10,000 fine
• Jail: not less than 90 days in jail
• License Suspension: 18 months drivers license suspension
• Ignition Interlock: 1 year ignition interlock restriction upon license re-instatement
• up to 150 hours of community service
• possible attendance at victim impact panel
• alcohol abuse screening & treatment as required
• Pennsylvania SR22 insurance requirement

Penalty for third DAI with BAC 0.16% and above

• Fine: not less than $2,500 fine
• Jail: not less than 1 year in jail
• License Suspension: 18 months drivers license suspension
• Ignition Interlock: 1 year ignition interlock restriction upon license re-instatement
• up to 150 hours of community service
• possible attendance at victim impact panel
• alcohol abuse screening & treatment as required
• Pennsylvania SR22 insurance requirement

Implied consent LAWS

It is an offense to refuse to submit to a chemical test in Pennsylvania and implied consent laws are enforced.

Penalties for refusing to submit to a chemical test in Pennsylvania

In Pennsylvania, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.

First chemical test refusal

• License Suspension: 12 months drivers license suspension
• Ignition Interlock: 1 year ignition interlock restriction upon license re-instatement

Second (and subsequent) chemical test refusal

• License Suspension: 18 months drivers license suspension
• Ignition Interlock: 1 year ignition interlock restriction upon license re-instatement

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Pennsylvania SR22 insurance (High Risk auto Insurance)

list of auto insurance companies we search to find you the best rate

Although SR22 insurance is not required in the state of Pennsylvania after an alcohol related driving conviction, it will save you money to shop around for auto insurance after a DWI DUI - drunk driving conviction regardless. Auto insurance can be very expensive if you go with the wrong provider. Get a FREE auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for Pennsylvania auto insurance in a matter of minutes. Although SR22 insurance is not required in the state of Pennsylvania after an alcohol related driving offense, if you have an SR22 insurance requirement and you move to the state of Pennsylvania, you will still need to meet the SR22 insurance requirements in the state where the offense was committed.

Minimum liability insurance requirements for private passenger vehicles in the state of Pennsylvania

The minimum mandatory liability insurance coverage required in the state of Pennsylvania for private passenger vehicles is (15/30/5). This equates to the following liability coverage:

• $15,000 bodily injury liability (BIL) per person
• $30,000 for two or more people in one accident
• $5,000 property damage liability (PDL) coverage

What is (BIL) Bodily Injury Liability insurance?

(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.

What is (PDL) Property Damage Liability insurance?

(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle.

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FREE DUI / DWI Case evaluation & by local Pennsylvania Lawyer

OR

Protect your rights! Talk to a local DUI lawyer Pennsylvania DUI cases tend to move quickly through the system, and there may be important deadlines that affect your right to assert certain defenses or call witnesses. It’s important that you understand the process your Pennsylvania drunk driving case will follow and the important requirements and deadlines before you take any action—but you can’t afford to delay. Talk to a local Pennsylvania Drunk Driving Attorney as soon as possible to gather important information such as: • What penalties do you face if convicted of DUI in Pennsylvania? • What are the indirect penalties, such as increased insurance rates and diminished job opportunities in Pennsylvania? • Does Pennsylvania have a mandatory ignition interlock device law? • Was your breathalyzer or blood alcohol content (BAC) test properly administered in accordance with Pennsylvania laws and procedures ? • When and how can you get your driver’s license reinstated in Pennsylvania? It’s easy to make mistakes under pressure, so make sure that you have the information you need to make good, educated decisions during this process. Contact a local Pennsylvania criminal defense attorney specializing in Pennsylvania drunk driving laws today.

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Disclaimer: While every effort is made to keep all information up to date, the Pennsylvania drunk driving laws change frequently and the information provided on this web site should not be construed as legal advice, nor is it necessarily complete. Drinkdriving.org shall not be held responsible for any actions a person may take as a result of information gathered from this web site. Consultation with a local Pennsylvania DUI lawyer is recommended in all cases.

Useful Pennsylvania DUI Links:

DUI - Drunk Driving Laws in Pennsylvania

Pennsylvania Drivers Manual

Pennsylvania SR22 Insurance Requirement

Pennsylvania Department of Transportation

Pennsylvania State Courts (Unified Judicial System)

Pennsylvania Department of Insurance

Pennsylvania DUI Lawyers

Pennsylvania DUI discussion forum

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