Three Levels of DUI Penalties
In the State of Pennsylvania, DUI penalties are divided into 3 main categories that are based on your recorded blood alcohol concentration (BAC) at the time of arrest.
The 3 levels of BAC are:
- .08-.099 (Lowest Penalty)
- .10-.159 (Higher Penalty)
- .16 And Above (Highest Penalty)
First Pennsylvania DUI Offense
Blood Alcohol Concentration .08-.099
- Jail – 6 Months Probation
- Fine - $300
- License Suspension – None
Blood Alcohol Concentration .10-.159
- Jail – 2 Days up to 6 Months
- Fine - $500-$5000
- License Suspension – 12 Months*
Blood Alcohol Concentration .16
- Jail – 3 Days up to 6 Months
- Fine - $1,000-$5,000
- License Suspension – 12 Months*
- *Limited Occupational License Possible After 60 Days
- *Ignition Interlock Device May be Required
- Alcohol Highway Safety School Required
More Information: First Offense DUI in Pennsylvania
Important Note from the Editor
While we strive to keep this information up to date and accurate, it's important to understand that it's based on your states legislature. Your local courts, judges, district attorneys office and even local law enforcement will have a huge impact on how the law is actually applied in any given case. No amount of legal information can replace the advice of a local attorney familiar with DUI cases in your area.
Second Pennsylvania DUI Offense
Blood Alcohol Concentration (BAC) .08-.099
- Jail – 5 Days up to 6 Months
- Fine - $300-$2,500
- License Suspension – 12 Months
BAC - .10 - .159
- Jail – 30 Days up to 6 Months
- Fine - $750-$5000
- License Suspension – 12 Months
Blood Alcohol Concentration .16
- Jail – 90 Days up to 5 Years
- Fine - $1,500
- License Suspension – 18 Months
- Alcohol Highway Safety School Required
- Ignition Interlock Required Prior to License Reinstatement
More Information: Second Offense DUI in Pennsylvania
Third Pennsylvania DUI Offense
Blood Alcohol Concentration .08-.099
- Jail – 10 Days up to 2 Years
- Fine - $500-5,000
- License Suspension – 12 Months
Blood Alcohol Concentration .10-.159
- Jail – 90 Days up to 5 Years
- Fine - $1,500-$10,000
- License Suspension – 18 Months
Blood Alcohol Concentration .16
- Jail – 1 Year up to 5 Years
- Fine - $2,500 Minimum
- License Suspension – 18 Months
- Ignition Interlock Required Prior to License Reinstatement
More Information: Third Offense DUI in Pennsylvania
More Pennsylvania DUI Information
Drinking and Driving Laws in Pennsylvania
The State of Pennsylvania prohibits the operation of a motor vehicle by a driver with .08 percent or above blood alcohol concentration (BAC). The .08 BAC limit is the standard measurement used across the United States for the "impaired" driver. Pennsylvania has lower BAC limits for commercial drivers (.04 percent) and has a "zero tolerance" or .02 percent BAC for drivers under the age of 21. The Pennsylvania law also includes controlled substances such as marijuana, cocaine, inhalants and other intoxicants.
How many drinks does it take to reach the legal limit in Pennsylvania?
Determining the number of drinks it will take for any individual to reach the .08 BAC limit depends on a number of factors. There are charts and calculators that can be used as a reference, however these tools do not take into account all variables in the BAC equation. It is safe to say that each drink you consume brings you that much closer to becoming a legally impaired driver.
The best answer is not to drink and drive . The State of Pennsylvania has strict laws for drunk driving, and when you drink and drive in Pennsylvania, you risk your freedom, finances and your future.
The first time you are arrested and convicted for drunk driving in the State of Pennsylvania you will receive 6 months probation and a $300 fine if your BAC was between .08-.99. If your BAC was from .10-.159 you will receive from 2 days-6 months in prison, a $500-$5,000 fine and a 12 month drivers license suspension. If the court allows, you may receive a restricted license after 60 days of your original suspension. If your BAC was above .16 you will face between 3 days-6 months in prison, a fine from $1,000-$5,000 and a 12 month drivers license suspension. If the court allows, you may receive a restricted license after 60 days of your original suspension.
The second time you are arrested and convicted for a DUI in the State of Pennsylvania you will receive 5 days -6 months in prison and a fine between $300- $2,500 if your BAC was between .08-.99. You will also receive a 12 month drivers license suspension. If your BAC was from .10-.159 you will receive from 30 days-6 months in prison, a $750-$5,000 fine and a 12 month drivers license suspension. If your BAC was above .16 you will face between 90 days-5 years in prison, a fine of $1,500 and a 18 month drivers license suspension. For all second and 3rd offenses you will be required to install an ignition interlock device on you vehicle for 1 year. You may also be ordered by the court to attend alcohol screening and rehabilitation.
The 3rd time you are arrested and convicted for a DUI in Pennsylvania you will receive 10 days -2 years in prison and a fine between $500- $5,000 if your BAC was between .08-.99. You will also receive a 12 month drivers license suspension. If your BAC was from .10-.159 you will receive from 90 days-5 years in prison, a $1,500-$10,000 fine and a 18 month drivers license suspension. If your BAC was above .16 you will face between 1-5 years in prison, a minimum fine of $2,500 and a 18 month drivers license suspension. For all second and 3rd offenses you will be required to install an ignition interlock device on you vehicle for 1 year. You may also be ordered by the court to attend alcohol screening and rehabilitation.
Drunk Driving Laws in Pennsylvania
State of Pennsylvania BAC Laws:
- All drivers with a BAC of .08 or higher.
- Under 21 with a BAC of .02 or higher or ZERO Tolerance
- Commercial Vehicle Driver with a BAC of .04 or higher.
The Implied Consent Law in Pennsylvania
Pennsylvania has what is known as an "Implied Consent" law. This law means that all drivers on the roadways of Pennsylvania agree to submit to a chemical test of their blood, breath or urine if an officer of the law suspects that they are under the influence of drugs, alcohol or both. If you refuse to submit to such a test, your drivers license will be suspended for 1 year on the first refusal. You are considered guilty of a DUI if you refuse a test and each time you refuse this test the penalty increases. Like many states, the refusal to submit to testing often brings on harsher penalties than an actual DUI.
More on Drunk Driving Laws, Penalties and Fines in Pennsylvania
