There are three levels for DUI in Pennsylvania. The laws created in the state offer a higher set of penalties for those who have greater rates for the blood alcohol contents or BAC. Therefore, it allows for some treatment at all levels and would require one to attend an alcohol highway safety school for all first and second time offenders in the State.
At the beginning of 2004, the Commonwealth of Pennsylvania significantly changed its laws that pertain to driving under the influence of drugs or alcohol. In an effort to curb drivers from operating a vehicle while intoxicated, law makers rewrote the book of DUI—and the consequences for a DUI conviction suddenly became much more severe. That’s why it’s important now more than ever to hire an experienced, qualified DUI defense attorney if you’ve been charged with DUI in Pennsylvania. Our lawyers are dedicated professionals that are ready to fight for your rights.
Before we go into any detail about the Pennsylvania DUI laws in , there’s one in particular that may affect you—it’s known as the Implied Consent Law. As a licensed driver in Pennsylvania, you have essentially given the state permission to request a blood, breath or urine test if police suspect you are DUI. If you refuse (legally the state cannot force you to take a chemical test) you’ll face three days in jail and a one-year license suspension. You have a right to request a hearing with PennDot, but you must do so within 30 days of receiving a notice of suspension from PennDot.
Pennsylvania DUI Penalties
Contents
The 3 Levels of DUI in PA are:
- General Impairment (.08 to .099% BAC)
- High BAC (.10 to .159% BAC)
- Highest BAC (.16% and higher)
Note: It would be good for you to know that those people who are under the DUI law such as minors, commercial drivers, school vehicle or bus drivers, and offenders involved in an accident that injures someone or causes damage to some sort of property may be subject to higher BAC penalties even if their BAC is not that high. Those who refuse to subject themselves to breath or chemical testing would also be subjected to the highest BAC penalties.
Here are some types of penalties for each of the blood alcohol levels:
Level One (Undetermined BAC, .08 to .099% BAC)
First offense DUI in PA
- Upgraded Misdemeanor
- Probation that will last up to six months
- A $300 fine
- Forced enrollment to an alcohol highway safety school
- Treatment when ordered
2nd offense DUI in PA
- Upgraded Misdemeanor
- License suspension for a period of two months
- Five to six days imprisonment in jail
- $300 to $2,500 charge
- Alcohol highway safety school
- Treatment when ordered
- 1 year ignition interlock
3rd offense DUI in PA
- 2nd degree misdemeanor
- License suspension for a period of twelve months
- Ten to two years worth of imprisonment in jail
- $500 to $5,000 charge
- treatment when ordered
- 1 year ignition interlock
Those with high BAC penalties (.10 to .159% BAC)
No prior DUI offenses
- Upgraded misdemeanor
- License suspension for twelve months
- Forty eight hours up to six months imprisonment in jail
- $500 to $5,000 fine
- Alcohol highway safety school
- Treatment when ordered
1 prior DUI offense
- Upgraded misdemeanor
- 12 month suspension
- Thirty days to six months worth of being stuck in a jail
- $750 to $5,000 fine
- Alcohol highway safety school
- Treatment when ordered
- 1 year ignition interlock
2 or more prior DUI offenses
- 1st degree misdemeanor
- 18 month license suspension
- 90 days to 5 years prison
- $1,500 to $10,000 fine
- Treatment when ordered
- 1 year ignition interlock
3 or more prior DUI offenses
- 1st degree misdemeanor
- 18 month license suspension
- 1 to 5 years prison
- $1,500 to $10,000 fine
- Treatment when ordered
- 1 year ignition interlock
Pennsylvania’s legal BAC limit
Like every other state or Commonwealth, Pennsylvania has a blood alcohol content limit of .08%. In Pennsylvania, if you were found to be in physical control of a vehicle (driving, operating), your blood alcohol content cannot reach this level within two hours of operating a vehicle. If police administer a breath test and your results read at this level then you’ll be arrested for DUI. If your BAC was between .08% and .10% this is considered general impairment. For anything higher than .10%, you’ll face harsher penalties the higher your actual BAC was.
DUI does not pertain to just alcohol—it also applies to the use of controlled substances. If there is any amount of a controlled substance found in your blood within two hours of operating a vehicle, you can be arrested for DUI. These new DUI laws are complex, which means you need a lawyer that specializes in this area of law.
BAC of DUI offenders in PA
In the State of Pennsylvania, you are considered to be driving under the influence (DUI) if your blood alcohol content (BAC) is .08% or more. Your BAC can be determined by three different types of chemical tests: blood, breath or urine. Of these three tests, a blood test is considered to be the most accurate, but like the other two, mistakes can occur that may affect your test results. If you have been arrested for drunk driving because your BAC was over the legal limit, you should immediately contact a qualified Pennsylvania DUI defense attorney for representation!
What is blood alcohol content?
This is simply the amount of alcohol found in your bloodstream. If your BAC was 0.08%, this means that .08 grams of alcohol were found in every 100 mL of your blood. Since alcohol metabolizes in your liver, blood alcohol content varies from person to person. This means that though you may have had less to drink then someone else, your blood alcohol content may actually be the same or higher.
For example, on average your liver can metabolize about one standard drink each hour. This may be a 12 oz. can of beer (4-4.5% alcohol), a 4 oz. glass of wine (15-20% alcohol) or one 1.5 oz. shot (30-50% alcohol). But depending on factors such as your weight, whether you are male or female (females almost always register a higher BAC) and if your stomach is empty, your blood alcohol content may register higher than you think. Also, the more body fat you have, the higher your BAC will be. This is because alcohol does not absorb in fatty tissue and is concentrated in a smaller body mass.
Obviously, the more you drink, the higher your blood alcohol content will be. But now that you know there are many factors that can determine your BAC, you shouldn’t rely on just how many drinks you’ve had in a certain number of hours. And remember, to be convicted of DUI in Pennsylvania, the prosecution does not have to prove that you were “drunk.” They only have to prove that your blood alcohol content was over the legal limit. So, yes, you can be charged for driving under the influence even when you are not intoxicated.
Get DUI Help in Pennsylvania
Once you are charged with a DUI offense in Pennsylvania, you can initially do two things: One is to take your DUI case or drunk driving offense into serious consideration.
The moment you are convicted for drinking under the influence case in Pennsylvania, chances are you will be faced with severe conditions on your part in the years to come. When you apply for work, you will find that it is so much more difficult for you to get hired and you would also find that you can no longer move about freely. Not only this, you would also be faced with problems pertaining to your future in general.
Hire an Experienced Pennsylvania DUI Attorney
Therefore, it would be necessary for you to hire the experienced services of a DUI attorney and lawyer in the state of Pennsylvania who can course you throughout your case.
When you do, you will find that a lot of the results on your preliminary conviction can be changed considerably and would then work to your benefit. Not only this, you would also be able to know and understand so many other important concepts that have to do with laws and courtroom proceedings pertaining to DUI in Pennsylvania. That is why it is greatly suggested that you hire the services of a DUI expert in this state, one that you can trust. Once you are convinced, you can simply call your attorney of choice. Expect that all your conversations will be kept confidential and free of charge as well.