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,

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.

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.

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. However 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 into 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.

Is a DUI a Felony in Pennsylvania?

As explained above, a third or subsequent DUI can be a felony in Pennsylvania. However, other circumstances can also lead to a felony DUI charge.

How a Third Offense Can be a Felony in PA

A third DUI conviction is a third-degree felony if:

• the offender refused a chemical test in violation of the state's implied consent laws
• the offense involved a BAC of .16% or higher
• the offense involved at least one passenger under the age of 18, or
• the offender was under the influence of a controlled substance.

The jail time, fines, and other penalties depend on the specific circumstances of the offense.

PA Felony Charges for DUIs Involving Injuries and Deaths

DUIs involving serious injuries to another person are second-degree felonies. Convictions carry up to ten years in prison and a maximum $25,000 in fines.

Causing the death of another person while driving under the influence is considered "homicide-by-vehicle," a second-degree felony. Convicted motorists are looking at three to ten years in prison and a maximum $25,000 in fines.

Pennsylvania's Underage DUI Laws

For drivers who are under the age of 21, it's illegal to drive with a BAC of .02% or more. An underage DUI generally carries:

• up to six months in jail
• fines of $500 to $10,000, and
• a license suspension of at least 12 months.

However, the specific penalties depend on the driver's record and the circumstances of the case.

Talk to an Attorney

If you've been arrested for driving under the influence in Pennsylvania, you should get in contact with a qualified DUI lawyer. The consequences of a DUI are serious, and an experienced DUI attorney can help you decide on the best course of action.