Pennsylvania DUI / DWI Lawyers

Pennsylvania DUI, Driving Laws, Penalties and Fines

The State of Pennsylvania has it own system for classifying dui laws, with dui penalties based upon level of Blood Alcohol Concentration in combination with an individual’s prior criminal history and the circumstances of a particular dui prosecution. In Pennsylvania as in all states the presumptive level of Blood Alcohol Level (BAC) to presume alcohol impairment is a BAC of .08 or higher.

When reviewing the following PA DUI Penalties there is always hope. A Pa DUI Laws attorney knows to inform those within their care that this .08 standard is a rebuttable presumption of intoxication. When reviewing the following dui laws in PA, one facing Pennsylvania DUI penalties must take immediate action to challenge the level of BAC alleged by the State of Pennsylvania through a skilled legal defense.

What are the penalties for a DUI in Pennsylvania?

1st Offense 2nd offense 3rd Offense
Minimum Jail No minimum jail time required 5 days jail to 6 months 10 days jail to two years
Fines and Penalties $300 $300 to $2500 $500 to $5000
License Suspension No 12 months 12 months
ID Required Yes, if refusal to take chemical test Yes, during period of restricted license Yes, during period of restricted license
  • Note: Pennsylvania has a series of penalty tiers, depending on the driver’s BAC. The tiers are .08, .10 to .159%, and .16 or higher.

First Offense DUI in Pennsylvania

A first offense DUI in Pennsylvania results in varying criminal and administrative penalties based on the BAC of an offender at the time of arrest as well as other factors including property damage, personal injury or whether minors were in the vehicle.

  • First offense DUI carries no mandatory minimum license suspension for first offenders with a BAC range of .08 to .099. BAC range of .10 to .159 carries license suspension up to one (1) year, and a BAC range above .16 carries administrative license suspension of one (1) year with potential for hardship/occupational licenses during suspension being restricted until last ten (10) months
  • Refusals to submit under implied consent laws in Pennsylvania carry automatic administrative license suspension of one (1) year
  • Ignition interlock devices and even alcohol or traffic education courses, unless ordered by courts, are not prerequisite to reinstate license

Second Offense DUI in Pennsylvania

A second offense DUI (within 10 years) in Pennsylvania results in varying penalties  based on the driver's Blood Alcohol Content(BAC) level. Pennsylvania classifies according to three levels: (1) BAC per se which is .08% to .099%; (2) High BAC is .10% to .159%; and (3) Highest BAC .16% and above.

Second offense DUI (.08% to .099% BAC)

  • 5 days to 6 months in jail
  • $300 to $2,500 fine
  • Alcohol safety school
  • 1 year ignition interlock device (possible)
  • Community service up to 150 hours

Second offense DUI (.10% to .159%)

  • 30 days to 6 months in jail
  • $750 to $5,000 fine
  • Alcohol highway safety school
  • Treatment when ordered
  • 1 year ignition interlock device (possible)
  • Community service up to 150 hours

Second offense DUI (.16% or higher)

  • 90 days to 5 years in prison
  • $1,500 to $10,000 fine
  • Alcohol highway safety school
  • Treatment when ordered
  • 1 year ignition interlock device (mandatory before license reinstatement)
  • Community service up to 150 hours.

 

Third Offense DUI in Pennsylvania

If you are stopped for a DUI, and you have had two previous DUIs in Pennsylvania during the last ten years (the lookback period), you face the following criminal and administrative penalties.

Jail time. The jail time you face for a third DUI in Pennsylvania depends on your blood alcohol content (BAC). Pennsylvania has a three-tiered punishment system.

  • Tier 1 offense occurs if your BAC was less than 0.10 percent. You will be sentenced to incarceration ranging from ten days to 2 years and ordered to pay a fine between $500 and $5,000.
  • Tier 2 offense occurs if your BAC was at least 0.10 percent but less than 0.16 percent. You will receive a sentence ranging from 90 days to 5 years, and you will be ordered to pay a fine between $1,500 and $10,000.
  • Tier 3 offense occurs if your BAC was over 0.16 percent. The minimum jail sentence in this case is 1 year, and the maximum is 5 years. Fines range between $2,500 and $10,000.

You may also be ordered to serve up to 150 hours of community service. Judges will commonly require an alcohol assessment and if it is deemed necessary, you will be ordered to receive treatment.

Felony vs. Misdemeanor

Third offense DUIs are misdemeanors, but they are not all the same. A Tier 1 offense is a second-degree misdemeanor. Tier 2 and 3 offenses are first-degree misdemeanors.

 

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