Pennsylvania DUI Penalties

Being convicted of Driving Under the Influence (DUI) in Pennsylvania results in serious penalties and can be life changing. If, at the time of arrest, the accused has a blood alcohol content (BAC) of .08% or above, they can be convicted under Pennsylvania’s “per se” laws. These laws relate only to blood alcohol content and not to a subjective perception of a person’s ability to drive or perform field sobriety tests. Additionally, a person can be charged with DUI in Pennsylvania with a blood alcohol content of .05% if there is other indication of impairment. Commercial drivers are subject to a lower BAC threshold of only .04%.

According to Pennsylvania law, a “per se” conviction depends on a BAC of .08% or above. If the driver has a BAC of .10% or above, it is considered a “High BAC,” and at .16% or above, it is considered “Highest BAC.” These distinctions may affect penalties imposed by the court. Below is an outline of Pennsylvania law as it relates to drunk driving convictions.

First DUI Conviction in Pennsylvania

Regardless of the level of intoxication, a driver convicted for the first time by Pennsylvania’s “per se” laws without aggravating factors, such as injury to another person, is convicted of an ungraded misdemeanor. Depending on their level of intoxication, the convicted party may receive up to six (6) months jail time, six (6) months of probation, fines of $300 to $5,000, up to one hundred fifty (150) hours of community service, suspension of driving privileges for two (2) to twelve (12) months and be required to attend an Alcohol Highway Safety School course. Following a sixty (60) day driver’s license suspension, all first time offenders are permitted to apply for an occupational limited license which allows the bearer to drive to work and medical appointments only.

Second DUI Conviction in Pennsylvania

If convicted of a second drunk driving offense in Pennsylvania, penalties include five (5) days to six (6) months of jail time, fines of $300 to not less than $1500 for highest BAC convictions, eighteen (18) months suspension of driving privileges, the possibility of six (6) months or more of probation, up to one hundred fifty (150) hours of community service and mandatory attendance at Alcohol Highway Safety School. Additionally, second time DUI offenders are subject to the mandatory installation of an ignition interlock device on their vehicle at their own expense to be used for one (1) year following the end of their driver’s license suspension. Second time offenders may be eligible for a probationary driver’s license within strict qualification guidelines.

Whether this is a first, second or subsequent drunk driving arrest in Pennsylvania, it is very important to consult a Pennsylvania drunk driving lawyer as soon after arrest as possible. This is the best way to protect your rights under the law. Remember, an arrest does not automatically equal a conviction. It’s best to consult with someone who is a specialist in Pennsylvania drunk driving law.