Pennsylvania DUI Laws & Drunk Driving Penalties
Overview of the penalties upon conviction of DUI in Pennsylvania
Pennsylvania DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.
If you've been charged with DUI in Pennsylvania, the law allows only 10 days for a Pennsylvania DUI Lawyer to make a request with the Pennsylvania DOT (Department of Transportation) for a hearing to help save your drivers license.
Pennsylvania DUI cases are referred to as drunk driving, driving under the influence (DUI), driving while impaired (DWI) or driving after imbibing (DAI).
What are the penalties for DUI in Pennsylvania?
The penalties for driving under the influence in Pennsylvania will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.
PA DUI Penalties
Pennsylvania is a state with a 10 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 BAC (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
1st DUI DAI Offense - Misdemeanor
The penalty upon conviction of a first DUI DAI offense in Pennsylvania:
Penalty for first DAI with BAC between 0.08 to less than 0.10%
- Fines: $300 fine
- Drivers License Suspension: no drivers license suspension on first offense
- Mandatory minimum 6 months probation
- Up to 150 hours community service
- Possible attendance at victim impact panel
- Must attend alcohol highway safety school
- Alcohol abuse screening & treatment as required
- PA SR22 Insurance (proof of financial responsibility) Requirement
Penalty for first DAI with BAC between 0.10 to less than 0.16%
- Fines: $500 to $5,000 fine
- Jail: not less than 48 hours
- Drivers License Suspension: 12 months drivers license suspension (occupational restricted license may be available after first 60 days suspension)
- Up to 150 hours community service
- Possible attendance at victim impact panel
- Must attend alcohol highway safety school
- Alcohol abuse screening & treatment as required
- PA SR22 Insurance (proof of financial responsibility) Requirement
Penalty for first DAI with BAC 0.16% and above
- Fines: $1,000 to $5,000 fine
- Jail: not less than 72 hours
- Drivers License Suspension: 12 months drivers license suspension (occupational restricted license may be available after first 60 days suspension)
- Up to 150 hours community service
- Possible attendance at victim impact panel
- Must attend alcohol highway safety school
- Alcohol abuse screening & treatment as required
- PA SR22 Insurance (proof of financial responsibility) Requirement
2nd DUI DAI Offense - Misdemeanor
The penalty upon conviction of a second DUI DAI offense in Pennsylvania:
Penalty for second DAI with BAC between 0.08 to less than 0.10%
- Fines: $300 to $2,500 fine
- Jail: not less than 5 days in jail
- Drivers License Suspension: 12 months drivers license suspension
- Ignition Interlock: 1 year ignition interlock restriction upon license reinstatement
- Up to 150 hours community service
- Possible attendance at victim impact panel
- Must attend alcohol highway safety school
- Alcohol abuse screening & treatment as required
- PA SR22 Insurance (proof of financial responsibility) Requirement
Penalty for second DAI with BAC between 0.10 to less than 0.16%
- Fines: $750 to $5,000 fine
- Jail: not less than 30 days in jail
- Drivers License Suspension: 12 months drivers license suspension
- Ignition Interlock: 1 year ignition interlock restriction upon license reinstatement
- Up to 150 hours community service
- Possible attendance at victim impact panel
- Must attend alcohol highway safety school
- Alcohol abuse screening & treatment as required
- PA SR22 Insurance (proof of financial responsibility) Requirement
Penalty for second DAI with BAC 0.16% and above
- Fines: not less than $1,500 fine
- Jail: not less than 90 days in jail
- Drivers License Suspension: 18 months drivers license suspension
- Ignition Interlock: 1 year ignition interlock restriction upon license reinstatement
- Up to 150 hours community service
- Possible attendance at victim impact panel
- Must attend alcohol highway safety school
- Alcohol abuse screening & treatment as required
- PA SR22 Insurance (proof of financial responsibility) Requirement
3rd DUI DAI Offense - Misdemeanor
The penalty upon conviction of a third DUI DAI offense in Pennsylvania:
Penalty for third DAI with BAC between 0.08 to less than 0.10%
- Fines: $500 to $5,000 fine
- Jail: not less than 10 days in jail
- Drivers License Suspension: 12 months drivers license suspension
- Ignition Interlock: 1 year ignition interlock restriction upon license reinstatement
- Up to 150 hours community service
- Possible attendance at victim impact panel
- Must attend alcohol highway safety school
- Alcohol abuse screening & treatment as required
- PA SR22 Insurance (proof of financial responsibility) Requirement
Penalty for third DAI with BAC between 0.10 to less than 0.16%
- Fines: $1,500 to $10,000 fine
- Jail: not less than 90 days in jail
- Drivers License Suspension: 18 months drivers license suspension
- Ignition Interlock: 1 year ignition interlock restriction upon license reinstatement
- Up to 150 hours community service
- Possible attendance at victim impact panel
- Must attend alcohol highway safety school
- Alcohol abuse screening & treatment as required
- PA SR22 Insurance (proof of financial responsibility) Requirement
Penalty for third DAI with BAC 0.16% and above
- Fines: not less than $2,500 fine
- Jail: not less than 1 year in jail
- Drivers License Suspension: 18 months drivers license suspension
- Ignition Interlock: 1 year ignition interlock restriction upon license reinstatement
- Up to 150 hours community service
- Possible attendance at victim impact panel
- Must attend alcohol highway safety school
- Alcohol abuse screening & treatment as required
- PA SR22 Insurance (proof of financial responsibility) Requirement
Implied Consent (Chemical Testing) Laws
In Pennsylvania any person who refuses to take a chemical test of their blood, breath or urine will have their drivers license suspended / revoked.
First Chemical Test Refusal
- Drivers License Revocation: 12 months drivers license suspension
- Ignition Interlock: 1 year ignition interlock restriction upon license reinstatement
- PA SR22 Insurance (proof of financial responsibility) Requirement
Second (and subsequent) Chemical Test Refusal
- Drivers License Suspension: 18 months drivers license suspension
- Ignition Interlock: 1 year ignition interlock restriction upon license reinstatement
- PA SR22 Insurance (proof of financial responsibility) Requirement
What is the legal alcohol limit in Pennsylvania
The maximum legal BAC (blood alcohol content) limits in Pennsylvania for driving are as follows:
ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of Pennsylvania it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.
DRIVERS UNDER 21 - BAC LIMIT = 0.02%
In the State of Pennsylvania it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.
PROBATION - BAC LIMIT = 0.01%
In the State of Pennsylvania it is an offense for drivers on probation for for violating DUI laws to drive any motor vehicle with 0.01% or more, by weight, of alcohol in his/her blood.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of Pennsylvania it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.
It is an offense to refuse to submit to a chemical test in Pennsylvania and implied consent laws are enforced.