Nine Deaths in Holiday-related Accidents
December 3, 2013 - According to the Philadelphia State Police, nine people were killed in traffic accidents over a holiday weekend that saw some 936 crashes, 74 of which were alcohol related. (MORE)
Kingsessing Man Charged with Hit and Run DUI
December 4, 2013 - Police have charged a Philadelphia man with hit and run and DUI after he struck a pedestrian in his Honda Civic and then fled the scene. (MORE)
Pennsylvania DUI Laws
It is against the law to drive in Pennsylvania with a blood alcohol content (BAC) level of .08 percent or higher. However, just because your BAC was above the legal limit does not mean you will be convicted. There are many ways to dispute BAC findings. For example, the police may have forgotten to conduct an observation period (prior to BAC testing), the field sobriety test results might have been skewed by bad weather, or the breath test machine may have been improperly calibrated. Hiring a skilled Pennsylvania DUI attorney can make all the difference in the outcome of your case.
Penalties for violating the law involve some or all of the following: probation, jail, license suspension, ignition interlock, fines, alcohol safety school and treatment. The exact nature and duration of the sentence is based upon the category of the offense — General Impairment (.08 to .099 percent BAC), High BAC (.10 to .159 percent) or Highest BAC (.16 percent and higher) — and the number of prior DUIs. Minors, drivers who refuse breath or chemical testing and certain other offenders may be subject to the High or Highest BAC punishments even with a lower BAC. To learn more about the sentencing structure, it is best to consult a Pennsylvania DUI lawyer.
Another feature of Pennsylvania DUI law is the Accelerated Rehabilitation Disposition Program (ARD). This is a pre-trial diversion program that focuses on treatment over traditional sanctions. If the program is successfully completed, the charges are dismissed. In the absence of aggravating factors (e.g., an accident caused by the DUI offense), most first-time DUI offenders will be eligible for ARD. Only a DUI attorney can tell you for sure if ARD is an option for you. To learn more about Pennsylvania DUI laws, contact an attorney today.
Pennsylvania DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Pennsylvania BAC laws may differ from those of other states, as follows.
| Pennsylvania BAC Laws |
| Per Se Violation |
BAC of .08 to .099 |
| Enhanced Penalty |
.10 to .159 |
| Highest Enhanced Penalty |
.16 or higher |
| "Zero Tolerance" (BAC for someone under 21) |
.02 or higher |
| Commercial Driver's License Holder* |
.04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
- Yes, by getting a Pennsylvania driver's license, you give consent to submit to a BAC test (breath alcohol test or blood analysis)
- Failure to submit to a BAC test may result in the same loss of driving privileges as a highest enhanced penalty DUI/DWI
|
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense - Per Se Violation (.08 to .099) |
| License Suspension |
None |
| Prison Term |
Up to 6 months probation |
| Fines, Fees, and Surcharges |
Approx. $300 or higher** |
| Vehicle Penalties |
Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment |
Alcohol Highway Safety School; Treatment may be ordered |
| Second DUI/DWI Offense - Per Se Violation (.08 to .099) |
| License Suspension |
1 year (may have conditional license) |
| Prison Term |
5 days to 6 months in jail |
| Fines, Fees, and Surcharges |
Approx. $300 to $2,500 or higher** |
| Vehicle Penalties |
- Potential impound or confiscation
- 1 year of ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
|
| Drug and Alcohol Education, Assessment and Treatment |
Alcohol Highway Safety School; Treatment may be ordered |
| Three or More DUI/DWI Offenses - Per Se Violation (.08 to .099) |
| License Suspension |
1 year (may have conditional license) |
| Prison Term |
10 days to 2 years in jail |
| Fines, Fees, and Surcharges |
Approx. $500 to $5,000 or higher** |
| Vehicle Penalties |
- Potential impound or confiscation
- 1 year ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
|
| Drug and Alcohol Education, Assessment and Treatment |
Treatment may be ordered |
| First DUI/DWI Offense - Enhanced Penalty (.10 to .159) |
| License Suspension |
1 year (may have conditional license) |
| Prison Term |
48 hours to 6 months in jail |
| Fines, Fees, and Surcharges |
Approx. $500 to $5,000 or higher** |
| Vehicle Penalties |
Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment |
Alcohol Highway Safety School; Treatment may be ordered |
| Second DUI/DWI Offense - Enhanced Penalty (.10 to .159) |
| License Suspension |
1 year (may have conditional license) |
| Prison Term |
30 days to 6 months in jail |
| Fines, Fees, and Surcharges |
Approx. $750 to $5,000 or higher** |
| Vehicle Penalties |
- Potential impound or confiscation
- 1 year ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
|
| Drug and Alcohol Education, Assessment and Treatment |
Alcohol Highway Safety School; Treatment may be ordered |
| Third DUI/DWI Offense - Enhanced Penalty (.10 to .159) |
| License Suspension |
1.5 years (may have conditional license) |
| Prison Term |
90 days to 5 years in jail |
| Fines, Fees, and Surcharges |
Approx. $1,500 to $10,000 or higher** |
| Vehicle Penalties |
- Potential impound or confiscation
- 1 year ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
|
| Drug and Alcohol Education, Assessment and Treatment |
Treatment may be ordered |
| Four or More DUI/DWI Offenses - Enhanced Penalty (.10 to .159) |
| License Suspension |
1.5 years (may have conditional license) |
| Prison Term |
1 to 5 years in jail |
| Fines, Fees, and Surcharges |
Approx. $1,500 to $10,000 or higher** |
| Vehicle Penalties |
- Potential impound or confiscation
- 1 year ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
|
| Drug and Alcohol Education, Assessment and Treatment |
Treatment may be ordered |
| First DUI/DWI Offense - Highest Enhanced Penalty (.16 or higher) |
| License Suspension |
1 year (may have conditional license) |
| Prison Term |
72 hours to 6 months in jail |
| Fines, Fees, and Surcharges |
Approx. $1,000 to $5,000 or higher** |
| Vehicle Penalties |
- Potential impound or confiscation
- 1 year ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
|
| Drug and Alcohol Education, Assessment and Treatment |
Alcohol Highway Safety School; Treatment may be ordered |
| Second DUI/DWI Offense - Highest Enhanced Penalty (.16 or higher) |
| License Suspension |
1.5 years (may have conditional license) |
| Prison Term |
90 days to 5 years in jail |
| Fines, Fees, and Surcharges |
Approx. $1,500 to $10,000 or higher** |
| Vehicle Penalties |
- Potential impound or confiscation
- 1 year ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
|
| Drug and Alcohol Education, Assessment and Treatment |
Alcohol Highway Safety School; Treatment may be ordered |
| Three or More DUI/DWI Offenses - Highest Enhanced Penalty (.16 or higher) |
| License Suspension |
1.5 years (may have conditional license) |
| Prison Term |
1 to 5 years in jail |
| Fines, Fees, and Surcharges |
Approx. $2,500 to $10,000 or higher** |
| Vehicle Penalties |
- Potential impound or confiscation
- 1 year ignition interlock device (prevents operation of vehicle if driver's BAC is too high)
|
| Drug and Alcohol Education, Assessment and Treatment |
Treatment may be ordered |
Accelerated Rehabilitative Disposition ("ARD")
- Alternative to the criminal court system.
- Suspends criminal court case before trial until successful completion of ARD, when the criminal court case is dropped.
- Only first-time DUI offenders are allowed to apply for ARD, and the District Attorney has discretion over who may enter the program.
| Accelerated Rehabilitative Disposition Conditions |
| Length of Program |
2 years |
| License Suspension |
- .08 - .10 - no suspension
- .10 - .16 - 30 day suspension
- .16 or higher - 60 day suspension
|
| Prison Term |
None |
| Fines, Fees, and Surcharges |
No fines, but fees may be charged |
| Drug and Alcohol Education, Assessment and Treatment |
Education and treatment may be ordered |
| Other Conditions |
Maintaining employment, restitution, etc. |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
* Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Pennsylvania Department of Transportation
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