Pennsylvania's DUI Laws and Conviction Penalties

In Pennsylvania, the penalties you'll face for DUI (driving under the influence) conviction depend largely on how many prior convictions you have. This article covers how Pennsylvania law defines "driving under the influence" and the consequences of a first, second, and third DUI conviction.

Pennsylvania DUI Law

Pennsylvania's DUI laws prohibit driving or being in actual physical control of a vehicle while under the influence of alcohol or drugs or with any amount of controlled substances in your blood.

How PA Law Defines "Under the influence"

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

Per se DUIs. There doesn't need to be proof of actual impairment for a driver to be convicted of a DUI. Driving with a blood alcohol content (BAC) of at least .08% is considered a "per se" DUI. This threshold is lowered to .04% for commercial drivers and .02% for bus drivers and drivers under 21 years old.

Jail, Fines, and License Suspension for Pennsylvania DUI Convictions

Pennsylvania divides most DUI offenses into three categories for sentencing: "general impairment," "high rate," and "highest rate." The penalties for a conviction also depend on how many prior convictions the driver has.

How Long DUI Convictions Stay on Your Record in PA

DUI convictions generally stay on your record and count as prior convictions for ten years.

General Impairment DUIs

Drivers with a BAC of at least .08% but less than .10% will face the following penalties,

	1st Offense	2nd Offense	3rd Offense
Jail	6 months of probation	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

High Rate DUIs

Drivers with a BAC of at least .10% but less than .16%, face increased penalties. These penalties also apply to offenders who 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

Highest Rate DUIs

The last category of penalties 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

Substance Abuse Assessments for PA DUI Offenders

Prior to sentencing, all offenders must complete an alcohol and drug evaluation. The offender must also abide by all recommendations of the evaluator, including treatment. First and second offense DUIs additionally require the offender to complete a state-approved alcohol highway safety class.

Community Service and Victim Impact Panels for PA DUI Convictions

In addition to the other required penalties, the judge can order up to 150 hours of community service. The judge can also require the offender to attend a DUI victim's impact panel.

PA's Enhanced DUI Penalties for Minor Passengers

An offender who was transporting a minor passenger will face penalties in addition to the DUI penalties. These additional penalties include:

• a $1,000 fine and 100 hours of community service for a first offense
• a $2,500 fine and one to six months in jail for a second offense, and
• six months to two years in jail for a third offense.

Also, the driver's license suspension period will be increased to 18 months for offenses involving minor passengers.

License-Related Penalties for Pennsylvania DUI

A DUI conviction will generally lead to license suspension as explained above. However, in certain circumstances, the Pennsylvania Department of Vehicle Services (DVS) can administratively suspend the license of a driver for a DUI arrest (a conviction isn't necessary).

PA's Implied Consent Law

All Pennsylvania drivers who are lawfully arrested for a DUI are required to submit to a breath or blood test to determine the amount of drugs or alcohol present. A driver who refuses testing will face:

• a 12-month license suspension and a $500 license reinstatement fee for a first offense
• an 18-month suspension and a $1,000 license reinstatement fee for a second offense, and
• an 18-month suspension and a $2,000 license reinstatement fee for a third offense.

Prosecutors can also use a driver's refusal to take an alcohol test as evidence at a DUI trial.

Ignition Interlocks and Limited Driving Privileges in PA DUI Cases

All drivers who receive a license suspension for a DUI conviction or a test refusal must maintain an ignition interlock device (IID) for at least one year after reinstatement.

However, the driver can install the IID during the suspension period to restore limited driving privileges. The offender must generally serve at least half of the suspension period prior to applying for the IID restricted license. But first-time offenders are immediately eligible for the IID license.

Accelerate Rehabilitative Disposition in Pennsylvania

Pennsylvania has a special program that reduces the consequences of a DUI offense. To be eligible, the offender must not have any prior DUIs within the last ten years and the current offense must not involve an accident or any passengers under 14 years old.

If accepted in the program, the offender must complete:

• a state-approved alcohol highway safety school program
• an alcohol and drug evaluation
• all recommended treatments (treatment required if BAC of .16% or more), and
• six to twelve months of court supervision.

The participant's license will be suspended but for less time than would otherwise be the case for a DUI conviction. Following successful completion of the program, the court can dismiss the DUI charge.