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 / DAI cases may be referred to as drunk driving, driving under the influence (DUI), driving while impaired (DWI) or the new 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', this means that a prior conviction is not admissible after ten years. If it is ten years and one day since a driver was convicted of DUI, that driver will be considered a first-time offender. If a driver commits a DUI within ten years of the first DUI, they are considered guilty of a second offense and are subjected to harsher punishments.

Pennsylvania DUI / DAI law has a three-tiered system: one DUI punishment for those who drive with a blood alcohol content of .08 to .099%, another set of DUI punishments for blood alcohol levels from .10 to .159%, and the harshest DUI punishment for those who drive with blood alcohol levels of .16% or higher.

First DUI - Drunk Driving Conviction - MISDEMEANOR

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

Penalty for 0.08 to 0.099% BAC (blood alcohol content - concentration)

• $300 fine
• 6 months probation
• no drivers license suspension on first offence
• alcohol highway safety school attendance
• possible alcohol abuse screening/treatment

Penalty for 0.10 to 0.159% BAC (blood alcohol content - concentration)

• $500 to $5,000 fine
• 2 days to 6 months in jail
• 1 year drivers license suspension (occupational restricted license available after 60 days)
• alcohol highway safety school attendance
• possible alcohol abuse screening/treatment

Penalty for 0.16 and above BAC (blood alcohol content - concentration)

• $1,000 to $5,000 fine
• 3 days to 6 months in jail
• 1 year drivers license suspension (occupational restricted license available after 60 days)
• alcohol highway safety school attendance
• possible alcohol abuse screening/treatment

Second DUI - Drunk Driving Conviction - MISDEMEANOR

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

Penalty for 0.08 to 0.099% BAC (blood alcohol content - concentration)

• $300 to $2,500 fine
• 5 days to 6 months in jail
• 1 year drivers license suspension
• ignition interlock restriction
• alcohol highway safety school attendance
• possible alcohol abuse screening/treatment

Penalty for 0.10 to 0.159% BAC (blood alcohol content - concentration)

• $750 to $5,000 fine
• 30 days to 6 months in prison
• 1 year drivers license suspension
• ignition interlock restriction for a period of 1 year
• alcohol highway safety school attendance
• possible alcohol abuse screening/treatment

Penalty for 0.16 and above BAC (blood alcohol content - concentration)

• $1,500 plus fine
• 90 days to 5 years in jail
• 18 month drivers license suspension
• ignition interlock restriction for a period of 1 year
• alcohol highway safety school attendance
• possible alcohol abuse screening/treatment

Third DUI - Drunk Driving Conviction - Misdemeanor

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

Penalty for 0.08 to 0.099% BAC (blood alcohol content - concentration)

• $500 to $5,000 fine
• 10 days to 2 years in jail
• 1 year drives license suspension
• ignition interlock restriction for a period of 1 year
• possible alcohol abuse screening/treatment

Penalty for 0.10 to 0.159% BAC (blood alcohol content - concentration)

• $1,500 to $10,000 fine
• 90 days to 5 years in jail
• 18 month drivers license suspension
• ignition interlock restriction for a period of 1 year
• possible alcohol abuse screening/treatment

Penalty for 0.16 and above BAC (blood alcohol content - concentration)

• minimum $2,500 fine
• 1 to 5 years in jail
• 18 month drivers license suspension
• ignition interlock restriction for a period of 1 year
• possible alcohol abuse screening/treatments

Penalties for underage (under 21) DUI with 0.02% and above BAC (blood alcohol content - concentration)

The minimum penalties for underage drunk driving are:

• up to $500 fine plus costs
• 90 day drivers license suspension for 1st offence
• 1 year drivers license suspension for 2nd offence
• 2 year drivers license suspension for 3rd and subsequent offences

Implied consent LAWS

It is a crime 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

• 1 year drivers license suspension

Second chemical test refusal

• 18 months drivers license suspension

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Pennsylvania Auto insurance (High Risk DUI SR22 Insurance)

Pennsylvania auto insurance quotes ENTER ZIP CODE:

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 specialising 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 should not be construed as legal advice. 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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