Pennsylvania’s DUI laws—which also apply to drunk driving—prohibit driving or being in actual physical control of a vehicle while:
In other words, a person can get a DUI based on actual impairment or the concentration of drugs in his or her blood.
The penalties and classification for a drugged driving conviction generally depend on the number of prior offenses the offender has that occurred within the last ten years. A conviction will be a misdemeanor for a first offense, a first-degree misdemeanor for a second offense, and a felony if a third offense.
|
1st Offense |
2nd Offense |
3rd Offense |
|
|
Jail |
72 hours to 6 months |
90 days to 5 years |
1 to 5 years in prison |
|
Fines |
$1,000 to $5,000 |
$1,500 to $10,000 |
$2,500 to $10,000 |
|
License suspension |
12 months |
18 months |
18 months |
The judge can also order up to 150 hours of community service and require the offender to participate in a DUI victim’s impact panel.
All offenders must submit to an alcohol and drug evaluation prior to sentencing. The judge is supposed to take into consideration the results and recommendations of the evaluator and will generally require the offender to complete any recommended treatment programs. For first and second offenders, the “Alcohol Highway Safety School” program is required.
Offenses involving a passenger under 18 years come with additional penalties. In addition to the above-listed penalties, the judge will order 100 hours of community service and $1,000 in fines. For a second offense involving a minor passenger, there’s an additional $2,500 fine and one to six months in jail. A third offense with a minor passenger is six months to two years in prison on top of the normal penalties.
All offenders must install and maintain an ignition interlock device (IID) for one year prior to license reinstatement. However, the driver can get limited driving privileges after serving half of the suspension period by installing the IID at that time.