Pennsylvania DUI Law and the Penalties for a 1st, 2nd, and 3rd Offense

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's DUI Laws

Pennsylvania prohibits any person from driving or being in actual physical control of a vehicle:

• while under the influence of alcohol or drugs
• with a blood alcohol content (BAC) of at least .08% (.04% or more for commercial drivers or .02% or more for school bus drivers and drivers who are under 21 years old), or
• with any amount of controlled substances in his or her system.

A driver is considered under the influence of drugs or alcohol if rendered incapable of safely driving.

Pennsylvania DUI Penalties

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."

PA General Impairment DUI Penalties

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.

PA High Rate DUI Penalties

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.

PA Highest Rate DUI Penalties

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.

Administrative License-Related Penalties for Pennsylvania DUIs

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:

• First offense. 12-month license suspension and $500 license reinstatement fee
• Second offense. 18-month suspension and $1,000 reinstatement fee
• Third offense. 18-month suspension and $2,000 reinstatement fee

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's "Accelerate Rehabilitative Disposition" Program

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:

• an alcohol highway safety school program
• an alcohol and drug evaluation and recommended treatment
• six to 12 months of court supervision, and
• a reduced driver's license suspension period.

However, participants who successfully complete all requirements earn the dismissal of their DUI charge.