Understanding Pennsylvania DUI Law

Driving under influence or DUI is the act of operating a vehicle while one’s abilities are impaired by the effects of alcohol or drugs or both. Pennsylvania DUI laws prohibit driving while intoxicated with marijuana, inhalants, cocaine and any other intoxicants. The DUI laws in all the states of the United States are formed by setting a legal limit of alcohol intake. It is measured by the blood alcohol concentration or BAC.

In the U.S. state of Pennsylvania, DUI offenses are classified according to the alcohol content in the blood stream of the offender during arrest and the penalties are designed accordingly. In the state of Pennsylvania there are three levels of BAC based on which the penalties are formed. They are
1. 0.08 percent to 0.099 percent
2. 0.10 percent to 0.159 percent
3. 0.16 percent and higher
 

Penalties

The first category of offense is sentenced with the lowest penalty; the offenders belonging to the second category serve a higher degree of penalty while those belonging to the third category are sentenced with the highest form of penalty in Pennsylvania. A blood alcohol concentration of 0.08 percent or more is the standard limit for all drivers in the state. For minors (under 21), the limit is 0.02 percent. The state has a “zero tolerance” law for drivers under 21 who are convicted of DUI. For commercial drivers the legal limit is 0.04 percent.

The penalties for a DUI conviction do not vary in nature but vary in intensity depending on whether it is a first time conviction or any subsequent conviction. For an offender with a blood alcohol concentration of 0.08 to 0.099 percent, the penalties in the Pennsylvania are

* A fine of $300
* a six months probationary jail sentence
* licenses are not suspended or revoked in this case

For an offender with a blood alcohol concentration of 0.10 to 0.159 percent, who is convicted for the first time in Pennsylvania, the punishments are

* A fine not less that $500 and no more than $5,000
* A jail term of at least two days. It can be extended to six months
* The driver’s license is suspended for a period of twelve months

The highest penalties for a first time DUI conviction (for those with a BAC of 0.16 percent or more) are

* A minimum fine of $1,000 and not exceeding $5,000
* A jail sentence of at least 3 days and at most 6 months
* Suspension of the driver’s license for one year
* The offender may request for a “Limited Occupational License” after 60 days
* The offender may be ordered by the court to attend the “Alcohol Highway Safety School”
* The offender may also be instructed to install an ignition interlock device in his or her car

The least penalties for a second DUI conviction in the state of Pennsylvania are for those offenders with a blood alcohol concentration of 0.08 percent to 0.099 percent. The penalties are

* A fine of at least $300 and not exceeding $2,500
* A jail sentence of at least 5 days and extending up to 6 months
* Suspension of the driver’s license for 12 months

The higher penalties for those registering a BAC of 0.10 percent to 0.159 percent are

* A fine between $750 to $5,000
* A jail sentence of at least 30 days and at most 6 months
* Suspension of license for 12 months

The highest penalties for a second DUI conviction in Pennsylvania are for those offenders with a blood alcohol concentration of 0.16 percent or above. The penalties are

* A minimum fine of $1,500
* A jail sentence of at least 90 days and up to 5 years
* Suspension of the license for 18 months
* Before reinstatement of the driver’s license, the offender must install an ignition interlock device in his or her car
* The offender must attend alcohol safety programs

The penalties are the same for a third DUI conviction according to the Pennsylvania DUI law. The penalties for those offenders with a BAC of 0.08 percent to 0.099 percent are

* A fine not more than $5,000 and not less than $500
* A jail sentence of ten days. It can be extended up to two years
* The driver’s license is suspended for twelve months

The penalties for offenders with a BAC of 0.10 percent to 0.159 percent the penalties are as follows

* The offender has to pay a fine of at least $1,500. The amount of fine does not exceed $10,000
* A jail sentence from 90 days to five years
* Eighteen months of license suspension

The penalties for any offender convicted of DUI for a third time and with a BAC of 0.16 percent are

* A minimum fine of $2,500
* A jail of 1 year. It may go up to five years depending on the case
* Eighteen months of license suspension
* The driver must install an ignition interlock device prior to the reinstatement of his or her driver’s license
 

Implied Consent

The implied consent law is another Pennsylvania DUI law whereby any driver in the state of Pennsylvania must agree to submit to chemical tests if stopped by the police suspecting DUI. On refusal to abide by this law, your driver’s license will be suspended for one year. Moreover, with each time you refuse to follow the law, the penalties keep increasing. In fact, in the state of Pennsylvania, the penalty of refusing to follow this law is much more than an actual DUI offense.

If you are a resident of Pennsylvania, know more about drunken driving laws in the state by visiting the official website of the state at http://www.dmv.state.pa.us/pdotforms/pa_driversmanual/chapter_4.pdf.