• Mandatory Sentencing

Mandatory DUI Sentencing

Pennsylvania Mandatory DUI Sentencing

Aggressive Bucks County DUI Defense Attorney

Court appearances, fines, traffic school, drug and alcohol treatment, license suspension and special insurance are all a part of Pennsylvania’s mandatory DUI sentencing for a first time driving while intoxicated sentence. With the proper DUI defense, you may be able to spare yourself a lot of time, money and other consequences. As a premier criminal defense attorney in Doylestown, Pennsylvania, Sharif Abaza provides powerful representation, dedication and sound strategies in the area of DUI Defense.

Drunk Driving Laws in Pennsylvania

What are the levels of DUI in Pennsylvania?

When is a Driver Considered to be Legally Drunk in Pennsylvania?

What is the Implied Consent Law in Pennsylvania?

What are the penalties if you refuse to take a chemical test in Pennsylvania?

What are the first-time penalties for a DUI in Pennsylvania?

What are penalties for a Drunk Driving in Pennsylvania?

What is the Ignition Interlock Law?

 


Drunk Driving Laws in Pennsylvania

Pennsylvania Mandatory DUI Sentencing Tiers

Pennsylvania’s mandatory DUI sentencing has a series of penalty tiers, depending on the driver’s Blood Alcohol Content (BAC).

  • There are three levels of DUI: .08, .10 to .159%, and .16 or higher
  • Look-back Period: 10 years (period of time that prior DUIs are relevant for sentencing)

When is a Driver Considered to be Legally Drunk in Pennsylvania?

  • All (non-commercial) drivers age 21 and over are considered legally drunk when their blood alcohol level is .08 or more.
  • Commercial vehicle drivers are legally drunk when their blood alcohol content is .04 or more.
  • School bus drivers are legally drunk when their blood alcohol level is .02 or more.
  • Drivers under 21 are legally drunk when their blood alcohol concentration is .02 or more.

 


The Implied Consent Law in Pennsylvania

Implied Consent

Pennsylvania has what is known as an “Implied Consent” law. This law means that all drivers on the roadways of Pennsylvania agree to submit to a chemical test of their blood, breath or urine if an officer of the law suspects that they are under the influence of drugs, alcohol or both. If you refuse to submit to such a test, your driver’s license will be suspended for 1 year. Like many states, the refusal to submit to testing often brings on harsher penalties than an actual DUI.

What are the penalties if you refuse to take a chemical test in Pennsylvania?

Pennsylvania has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension.

REFUSE TEST
1st Offense
2nd Offense
3rd Offense
License Suspension
1 year 18 months 18 months

 


First-Time Penalties for DUI in Pennsylvania

What are the first-time penalties for a DUI in Pennsylvania?

First-time penalties for both alcohol and drug related driving while intoxicated offenses in PA:

FIRST OFFENSE: Alcohol
Ungraded misdemeanor
Up to 6 months probation

$300.00 fine
Alcohol Highway Safety School
Treatment when ordered

FIRST OFFENSE: Controlled Substances
Ungraded misdemeanor
72 hours to 6 months imprisonment
$1,000.00 to $5,000.00 in fines
12 month license suspension
Alcohol Highway Safety School
Treatment when ordered

For a first offense, you may be accepted into the Accelerated Rehabilitative Disposition Program (ARD). To learn more about the ARD program, click here.

 


What are penalties for Drunk Driving in Pennsylvania?

General Impairment DUI Penalties

GENERAL IMPAIRMENT: .08 TO .099 Blood Alcohol Concentration
This table applies to drivers of legal drinking age.

BAC .08 to .99
1st Offense
2nd Offense
3rd Offense
Minimum Jail
6 mo. probation 5 days to 6 mo. 10 days to 2 yrs
Fines & Penalties
$300 $300 to $2,500 $500 to $5,000
License Suspension
No 12 months 12 months
Safety School
Yes Yes Yes
Treatment
When ordered When ordered When ordered
Ignition Interlock
No 1 year 1 year

High Rate DUI Penalties

HIGH RATE: .10 to .159 Blood Alcohol Concentration
This table also applies to drivers under age 21 with a BAC of .02 or more; commercial vehicle drivers with a BAC of .04 or more; school bus drivers with a BAC of .02 or more; and drivers with BAC of .08 to .099 and who are involved in a crash resulting in serious bodily injury, death or vehicle or property damage.

BAC .10 to .159
1st Offense
2nd Offense
3rd Offense
Minimum Jail
2 days to 6 mo. 30 days to 6 mo. 90 days to 5 yrs
Fines & Penalties
$500 to $5,000 $750 to $5,000 $1,500 to $10,000
License Suspension
12 months* 18 months 18 months
Safety School
Yes Yes Yes
Treatment
When ordered When ordered When ordered
Ignition Interlock
No 1 year 1 year

*occupational limited license after 60-day suspension

Highest Rate DUI Penalties

HIGHEST RATE: .16 Blood Alcohol Concentration and Up
This table also applies to drivers whose BAC is .16 or greater or refuse chemical testing and drivers convicted of driving under the influence of any controlled substance, a combination of controlled substances and alcohol.

BAC .16 or higher
1st Offense
2nd Offense
3rd Offense
Minimum Jail
3 days to 6 mo. 90 days to 5 yrs 1 to 5 yrs
Fines & Penalties
$1,000 to $5,000 $1,500 to 10,000 $2,500 min.
License Suspension
12 months* 18 months 18 months
Safety School
Yes Yes Yes
Treatment
When ordered When ordered When ordered
Ignition Interlock
No 1 year 1 year

*occupational limited license after 60-day suspension


To learn more about Pennsylvania DUI Legislation, click here.

 


What is the Ignition Interlock Law?

As a part of mandatory DUI sentencing, Pennsylvania enacted the Ignition Interlock Law in effort to improve highway safety, repeat DUI offenses and decrease highway crash fatalities. Under the law, an individual convicted of a second or subsequent offense of driving under the influence is required to have an ignition interlock system installed on each motor vehicle they own, operate, or lease for one year. Individuals are not eligible for ignition interlock until a suspension of at least on year has been served. Learn more.

Mandatory DUI Sentencing Ignition Interlock DeviceWhat is an Ignition Interlock Device?

An ignition interlock device (IID) is similar to a Breathalyzer, however an IID is connected to the vehicle dashboard or other location inside the vehicle and requires that a driver breathe into the device prior to starting the vehicle. If the ignition interlock device detects the blood alcohol concentration of the diver to be above the programmed limit in the ignition interlock device, then the engine of the vehicle will not start.

 


Things to Know if You Are Stopped for DUI
Blood Alcohol Calculator
Mandatory Sentencing
What is ARD?


Some attorneys tell you what you want to hear. Sharif Abaza will tell you what you need to know. Call 215-525-4287 now to schedule your FREE initial consultation and to learn about Pennsylvania’s mandatory DUI sentencing.


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