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.
What 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?
