Pennsylvania DUI Laws

If you are charged with driving under the influence, or DUI, in Pennsylvania, you’re probably wondering what the penalties and consequences are. Pennsylvania has a three-tier system that divides punishment for DUI into three levels based on the percentage of blood alcohol content, or BAC, in a motorist’s system as well as their previous offenses.

Why Did the Police Stop You?

Police officers look for erratic driving behaviors that indicate possible intoxication, such as:

• Swerving or drifting between lanes
• Running stop signs or red lights
• Speeding or driving too slowly for conditions

However, in many cases, officers wait for a simple traffic violation (like a broken taillight or failure to signal) to justify a traffic stop.

What Happens After a DUI Stop?

The police may look you over for signs of intoxication such as a flushed face, slurred speech, or breath that smells like alcohol. If they have cause to believe you have been drinking, they will probably ask you to take a field sobriety test. This is a test of your mental and physical capabilities to determine if you are intoxicated.

If, based on your field sobriety test, the police believe they have probable cause, you will be asked to take a breath, blood or urine test. Under Pennsylvania’s Implied Consent Law, these tests must be conducted within two hours of your arrest. Refusing a test can result in additional penalties, including a driver’s license suspension.

Pennsylvania DUI Laws & Its Three-Tier System

The legal limit in Pennsylvania is a blood alcohol content (BAC) of .08. If breathalyzer, blood, or urine tests show your BAC at that level or higher, you can be charged with a DUI.

First Tier: BAC of .08 to .099

First Offense: 

• lic$300 fine
• Up to six months of probation
• Alcohol highway safety school
• You may be required to take a court-ordered treatment program

Second Offense:

• Five days to six months in jail
• $300 to $2,500 fine
• One year license suspension
• Ignition interlock on your vehicle for one year

Third Offense:

• 10 days to two years in jail
• $500 to $5,000 fine
• One year license suspension
• Ignition interlock on your vehicle for one year
• You may be required to take a court-ordered treatment program

Second Tier: BAC of .10 to .159

First Offense:

• Two days to six months in jail
• $500 to $5,000 in fines
• One year license suspension
• Alcohol highway safety school
• Ignition interlock for one year
• You may be required to take a court-ordered treatment program

Second Offense:

• 30 days to six months in jail
• $750 to $5,000 fine
• One year license suspension
• Alcohol highway safety school
• Ignition interlock on your vehicle for one year
• You may be required to take a court-ordered treatment program

Third Offense:

• 90 days to five years in jail
• $1,500 to $10,000 fine
• 18 month license suspension
• Ignition interlock on your vehicle for one year
• You may be required to take a court-ordered treatment program

Third Tier: BAC of .16 or more

First Offense:

• Three days to six months in jail
• $1,000 to $5,000 fine
• One year license suspension
• Alcohol highway safety school
• Ignition interlock for one year
• You may be required to take a court-ordered treatment program

Second Offense:

• 90 days to five years in jail
• $1,500 to $10,000 fine
• 18 month license suspension
• Alcohol highway safety school
• Ignition interlock on your vehicle for one year
• You may be required to take a court-ordered treatment program

Third Offense:

• One to five years in jail
• $2,500 to $10,000 fine
• 18 month license suspension
• Ignition interlock on your vehicle for one year
• You may be required to take a court-ordered treatment program

How Long Does a DUI Stay on Your Record?

Pennsylvania considers DUI offenses from the past 10 years when determining penalties for repeat offenses. A prior DUI within this period can increase your penalties, making it crucial to fight your charges early.