Pennsylvania's DUI laws generally prohibit driving while under the influence of drugs or alcohol. The penalties for a conviction depend mostly on how many prior convictions the driver has.
This article explains how Pennsylvania defines driving under the influence and the consequences of getting a first, second, and third DUI conviction.
Pennsylvania prohibits any person from driving or being in actual physical control of a vehicle:
A driver is considered under the influence of drugs or alcohol if rendered incapable of safely driving.
The consequences of a DUI conviction depend on various factors, including the number of prior offenses the driver has within the last ten years and the circumstances of the incident. For sentencing purposes, Pennsylvania has three main categories of DUIs: "general impairment," "high rate," and "highest rate."
Drivers who are under the influence (as defined above) or who have a BAC of at least .08% but less than .10% can be convicted of a general impairment DUI and face the following penalties.
1st Offense |
2nd Offense |
3rd Offense |
|
Jail |
6 months probation but no jail time |
5 days to 6 months |
10 days to 2 years |
Fines |
$300 |
$300 to $2,500 |
$500 to $5,000 |
License Suspension |
None |
12 months |
12 months |
The following penalties are those for high rate DUIs and apply to drivers who had a BAC of at least .10% but less than .16%, were operating a commercial vehicle, were under 21 years old, or caused an accident resulting in injury, death, or property damage.
1st Offense |
2nd Offense |
3rd Offense |
|
Jail |
48 hours to 6 months |
30 days to 6 months |
90 days to 5 years |
Fines |
$500 to $5,000 |
$750 to $5,000 |
$1,500 to $10,000 |
License Suspension |
12 months |
12 months |
18 months |
The last category of penalties, high rate DUIs, includes offenses where the driver had a BAC of .16% or more, refused breathalyzer testing in violation of the state's implied consent law, or had controlled substances in his or her system.
1st Offense |
2nd Offense |
3rd Offense (Felony) |
|
Jail |
72 hours to 6 months |
90 days to 5 years |
1 to 5 years |
Fines |
$1,000 to $5,000 |
$1,500 to $10,000 |
$2,500 to $10,000 |
License Suspension |
12 months |
18 months |
18 months |
Pennsylvania requires all drivers lawfully arrested for a DUI to submit to a breath or blood test. A refusal will result in the following penalties:
All drivers who receive a license suspension for a DUI conviction or a test refusal will need to have an ignition interlock device (IID) in their vehicle for at least one year after license reinstatement. Generally, a driver can obtain limited driving privileges during the suspension by installing the IID after serving half of the suspension period.
Pennsylvania has an alternative program for DUI first offenders (those with no priors within the past ten years) that can reduce some of the consequences of a DUI offense. Program participants must complete:
However, participants who successfully complete all requirements earn the dismissal of their DUI charge.