By Amy Vandervort-Clark, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed April 04, 2024
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Driving under the influence (DUI) is a pressing public health issue. Drugged and drunk driving is not only harmful to you, but it risks the lives of everyone around you. It's a sad truth that DUI charges are one of the most common arrests made in the US.
In Pennsylvania, DUIs made up one in four arrests in 2021.
Whether you made a poor choice or have a problem you need help with, DUI charges are a serious matter. The Pennsylvania legislature revised its drunk driving laws to include more severe penalties. A conviction can carry jail time and fines in the thousands of dollars. A DUI conviction can impact your life for many years beyond court-ordered penalties.
Learn more about what to expect if facing a DUI in Pennsylvania from the chart below.
Blood Alcohol Concentration (BAC) Limits and Implied Consent
| "Per Se" BAC Limit | 0.08% |
|---|---|
| Zero Tolerance (Underage) BAC Limit | 0.02% |
| Enhanced Penalty (Aggravated) BAC Limit | 0.10% |
| Implied Consent to Submit to BAC Test? | Yes |
Select Penalties
| Minimum License Suspension or Revocation |
|
|---|---|
| Mandatory Alcohol Education, Assessment, and Treatment | Both |
| Vehicle Confiscation Possible? | No |
| Ignition Interlock Device Possible? | Yes |
Disclaimer: State laws can change through legislative, judicial, or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it's a good idea to thoroughly research the law or check with an attorney to ensure you have the most recent information.
The state of Pennsylvania prohibits anyone from driving, operating, or being in actual physical control of a vehicle:
Meeting any of the above conditions will likely result in facing a DUI charge.
Driving is a privilege. When you drive in Pennsylvania, the law deems that you are agreeing to cooperate with chemical testing if a police officer suspects you of DUI. While operating a motor vehicle, you agree to obey the law. You have implied your consent by your actions.
When suspected of driving intoxicated, law enforcement will ask you to take a preliminary breath test or Breathalyzer. They may also have you perform a series of field sobriety tests. The results of these tests can provide probable cause to arrest you. You can refuse these tests, but law enforcement can still arrest you on a DUI charge with other evidence.
After your arrest, the officer will ask you to submit for an evidentiary breath test or a blood test. These chemical tests will verify your BAC and look for other intoxicants or drugs. You'll face immediate penalties for refusing to take these chemical tests.
For a first refusal, your driver's license suspension is for 12 months. Suspension is for 18 months if it is your second refusal. The officer can get a warrant to force your cooperation. In court, the prosecution may submit evidence of your refusal against you.
If you're convicted, your penalties fall under the “highest rate of alcohol or controlled substance" sentencing tier, regardless of your actual BAC.
Pennsylvania's law recognizes a per se DUI offense. This means law enforcement can prosecute when your BAC exceeds the legal limit of 0.08%. A per se offense stands on its own. A valid chemical test showing a BAC of 0.08% or greater is all the evidence necessary for your conviction.
Law enforcement doesn't have to prove you're intoxicated beyond the test results. You may not behave or drive as though you're drunk. Under a per se law, you don't have to seem impaired. Your chemical test results alone are enough.
Pennsylvania has a tiered sentencing structure based on your alcohol level, the presence of controlled substances and drugs, and the number of prior offenses you have on your record.
In addition to the penalties detailed, a judge may order up to 150 hours of community service. You may also need to attend a victim impact panel.
Anyone convicted of a DUI must complete a substance abuse assessment. The judge may include treatment recommendations into your requirements.
A general impairment DUI is when your blood alcohol content (BAC) is between 0.08% and under 0.10%. The chart below explains the penalties you'll face if your BAC is within this range.
First Offense |
Misdemeanor |
|
|---|---|---|
Second Offense |
Misdemeanor |
|
Third Offense |
2nd Degree Misdemeanor |
|
If your BAC level is 0.10% to under 0.16%, you face a more serious “high rate of alcohol" DUI. The court will sentence you under this structure if you cause an accident resulting in property damage, bodily injury, or death.
This tier applies to under-21 drivers, school bus drivers, and commercial vehicles.
First Offense |
Misdemeanor |
|
|---|---|---|
Second Offense |
Misdemeanor |
|
Third Offense |
1st degree Misdemeanor |
|
If you're driving or operating a vehicle with a BAC that is 0.16% or greater, have consumed a controlled substance, or are guilty of both at the same time, you will face the most serious DUI charges available under Pennsylvania law.
First Offense |
Misdemeanor |
|
|---|---|---|
Second Offense |
1st degree Misdemeanor |
|
Third Offense |
1st degree Misdemeanor |
|
If you have a minor passenger aged 14 or younger in the vehicle, you will receive an additional $1,000 fine and 100 hours of community service.
If you have no prior DUIs within the last 10 years, were not transporting a minor at the time of your arrest, and didn't cause an accident, you may qualify for an Accelerated Rehabilitative Disposition (ARD).
As part of the program, you will:
You will also face a driver's license suspension. The length of suspension depends on your BAC. If your BAC is under 0.10%, no suspension will apply. If your BAC is over 0.10% but under 0.16%, your suspension is for 30 days. Over 0.16%, your license suspension is for 60 days.
The court will dismiss your charges when you complete the program.
You must install and maintain an ignition interlock device (IID) as part of your driver's license suspension. An IID is a small breath-testing instrument that connects to your vehicle's ignition system. The device will not allow your car to start if it detects alcohol in your breath sample.
Once in motion, the IID will prompt you to provide additional breath samples to ensure you aren't drinking.
You will serve a period when you cannot drive before you can install the IID. You are responsible for the installation and maintenance of the device.
The Pennsylvania Department of Transportation monitors the IID for violations during your use requirement. Tampering with the device, failing the breath test, or trying to circumvent your IID will result in more penalties.
It is illegal for anyone under 21 to possess or consume alcohol. Pennsylvania takes a strong stance when a minor is driving impaired. Under Pennsylvania's zero-tolerance law, if you're caught driving or operating a vehicle with a BAC of at least 0.02%, law enforcement will charge you with a DUI.
A conviction for an underage DUI follows the sentencing structure of “High rate of alcohol." As a first-time offender, you face:
If you're under 18, your sentence can include probation or commitment to a juvenile institution.
Being arrested for a DUI in Pennsylvania is overwhelming. The impact of an arrest is far-reaching. Your auto insurance rates will likely double, and you may not be eligible for specific jobs, security clearances, or professional licenses. Having an attorney on your side can make the process less daunting.
A DUI defense lawyer can evaluate your DUI case and give you practical legal advice. Contact a Pennsylvania DUI defense attorney and learn what options are available to you.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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