DWI/DUI - Drunk Driving Laws And Attorneys In Pennsylvania
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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PENNSYLVANIA DRIVING UNDER THE INFLUENCE (DUI)
LAW
Act 24, which lowered Pennsylvania's legal limit of alcohol from .10 to
.08, was signed into law on September 30, 2003. The new Driving
Under the Influence (DUI) Law creates a tiered approach toward DUI
enforcement and treatment, and includes many changes to the
penalties, terms of suspension, fines and other requirements. The
combination of an individual's Blood Alcohol Content (BAC) level, and
prior offenses, determines the licensing requirements and penalties.
The new law focuses on treatment for first-time DUI offenders, rather
than strictly punishment and suspension.
There are now three levels of DUI:
a) General Impairment (.08 to .099% BAC)
b) High BAC (.10 to .159% BAC)
c) Highest BAC (.16% and higher)
Under the new DUI law minors, commercial drivers, school vehicle or
bus drivers, and offenders involved in an accident that injures someone
or causes property damage may be subject to the high BAC penalties
even if their BAC is not in the high category. Offenders who refuse breath
or chemical testing may be subject to the highest BAC penalties. The
following charts show the penalties for each of the BAC categories:
General Impairment penalties (Undetermined BAC, .08 to .099% BAC)
No prior DUI offenses:
a) ungraded misdemeanor
b) up to 6 months probation
c) $300 fine
d) alcohol highway safety school
e) treatment when ordered
1 prior DUI offense:
a) ungraded misdemeanor
b) 12 month license suspension
c) 5 days to 6 months jail time
d) $300 to $2,500 fine
e) alcohol highway safety school
f) treatment when ordered
g) 1 year ignition interlock
2 or more prior DUI offenses:
a) 2nd degree misdemeanor
b) 12 month license suspension
c) 10 days to 2 years prison
d) $500 to $5,000 fine
e) treatment when ordered
f) 1 year ignition interlock
The new law creates a higher set of penalties for those having higher
BAC levels. It allows for treament at all levels, and requires alcohol
highway safety school for all first and second time offenders.
High BAC penalties (.10 to .159% BAC)
No prior DUI offenses:
a) ungraded misdemeanor
b) 12 month license suspension
c) 48 hours to 6 months prison
d) $500 to $5,000 fine
e) alcohol highway safety school
f) treatment when ordered
1 prior DUI offense:
a) ungraded misdemeanor
b) 12 month suspension
c) 30 days to 6 months prison
d) $750 to $5,000 fine
e) alcohol highway safety school
f) treatment when ordered
g) 1 year ignition interlock
2 or more prior DUI offenses:
a) 1st degree misdemeanor
b) 18 month license suspension
c) 90 days to 5 years prison
d) $1,500 to $10,000 fine
e) treatment when ordered
f) 1 year ignition interlock
3 or more prior DUI offenses:
a) 1st degree misdemeanor
b) 18 month license suspension
c) 1 to 5 years prison
d) $1,500 to $10,000 fine
e) treatment when ordered
f) 1 year ignition interlock
For those at the highest BAC levels, the new law has strict penalties, but
also allows for treatment. This even-handed approach allows for
individuals to receive counseling for their alcohol problem, while still
penalizing those who choose to continue the dangerous practice of
drinking and driving.
In addition, drivers under the influence of controlled substances and
those who refuse breath or chemical testing are subject to the highest
BAC category penalties.
Highest BAC penalties (.16% and higher) or Controlled Substance
No prior DUI offenses
a) ungraded misdemeanor
b) 12 month license suspension
c) 72 hours to 6 months prison
d) $1,000 to $5,000 fine
e) alcohol highway safety school
f) treatment when ordered
1 prior DUI offense:
a) 1st degree misdemeanor
b) 18 month license suspension
c) 90 days to 5 years prison
d) $1,500 to $10,00 fine
e) alcohol highway safety school
f) treatment when ordered
g) 1 year ignition interlock
2 or more prior DUI offenses:
a) 1st degree misdemeanor
b) 18 month license suspension
c) 1 to 5 years prison
d) $2,500 to $10,000
e) treatment when ordered
f) 1 year ignition interlock
License Suspensions In Pensylvania
Suspensions will be imposed as follows:
a) BAC below .10% and incapable of safe driving: No suspension for
first offense if the driver meets certain criteria; 12 month license
suspension for second or subsequent offense.
b) BAC greater than or equal to .10% and less than .16%: 12 month
license suspension for first and second offense. 18 month suspension
for third or subsequent offense.
c) BAC greater than or equal to .16%: 12 month license suspension for
first offense. 18 month suspension for second or subsequent offense.
Out-of-state DUI convictions: No suspension for first offense; 12 month
license suspension for second or subsequent offense.
Ignition Interlock
Drivers who receive a second or subsequent DUI violation on or after
September 30, 2003, can no longer serve an additional one year
suspension in lieu of obtaining an ignition interlock device. Drivers are
required to install ignition interlock on all vehicles owned (including
leased) before driving privileges can be restored.
Additionally, the following exemptions and penalties have been added:
a) Financial Hardship Exemption: Drivers may apply for an exemption
from the requirement to install the ignition interlock device on all of their
vehicles. If the exemption is granted, ignition interlock installation will
only be required on one vehicle. - Effective February 1, 2004
b) Employment Exemption: Under certain circumstances, ignition
interlock restricted drivers may operate employer owned vehicles but
only in the course and scope of employment. The employee must notify
the employer of the ignition interlock restriction and carry proof of
employer notification on a PennDOT form. The employer owned vehicle
cannot be a school bus/vehicle or large passenger vehicle.
-Effective February 1, 2004
c) Ignition Interlock Violations: Individuals convicted of driving without or
tampering with the ignition interlock device will have their ignition
interlock period extended 12 month from the date of conviction for the
first offense and will have their driving privileges suspended for 12
months for the second or subsequent offenses. Upon restoration they
must comply with ignition interlock for 12 months. Individuals, whose
driving privileges are suspended during the ignition interlock period for a
non-ignition interlock violation, must complete the ignition interlock
period upon restoration. - Effective February 1, 2004
Occupational Limited Licenses (OLL's) In Pennsylvania
First time DUI offenders may be eligible for an OLL after serving 60 days
of their suspension. Individuals whose licenses are suspended for 18
months (for DUI or refusing breath or chemical testing) and have no
more than one prior offense may be eligible for an OLL with an ignition
interlock after serving 12 months of their suspension. In addition, first
time underage drinking violators may be eligible for an OLL.
LAW
Act 24, which lowered Pennsylvania's legal limit of alcohol from .10 to
.08, was signed into law on September 30, 2003. The new Driving
Under the Influence (DUI) Law creates a tiered approach toward DUI
enforcement and treatment, and includes many changes to the
penalties, terms of suspension, fines and other requirements. The
combination of an individual's Blood Alcohol Content (BAC) level, and
prior offenses, determines the licensing requirements and penalties.
The new law focuses on treatment for first-time DUI offenders, rather
than strictly punishment and suspension.
There are now three levels of DUI:
a) General Impairment (.08 to .099% BAC)
b) High BAC (.10 to .159% BAC)
c) Highest BAC (.16% and higher)
Under the new DUI law minors, commercial drivers, school vehicle or
bus drivers, and offenders involved in an accident that injures someone
or causes property damage may be subject to the high BAC penalties
even if their BAC is not in the high category. Offenders who refuse breath
or chemical testing may be subject to the highest BAC penalties. The
following charts show the penalties for each of the BAC categories:
General Impairment penalties (Undetermined BAC, .08 to .099% BAC)
No prior DUI offenses:
a) ungraded misdemeanor
b) up to 6 months probation
c) $300 fine
d) alcohol highway safety school
e) treatment when ordered
1 prior DUI offense:
a) ungraded misdemeanor
b) 12 month license suspension
c) 5 days to 6 months jail time
d) $300 to $2,500 fine
e) alcohol highway safety school
f) treatment when ordered
g) 1 year ignition interlock
2 or more prior DUI offenses:
a) 2nd degree misdemeanor
b) 12 month license suspension
c) 10 days to 2 years prison
d) $500 to $5,000 fine
e) treatment when ordered
f) 1 year ignition interlock
The new law creates a higher set of penalties for those having higher
BAC levels. It allows for treament at all levels, and requires alcohol
highway safety school for all first and second time offenders.
High BAC penalties (.10 to .159% BAC)
No prior DUI offenses:
a) ungraded misdemeanor
b) 12 month license suspension
c) 48 hours to 6 months prison
d) $500 to $5,000 fine
e) alcohol highway safety school
f) treatment when ordered
1 prior DUI offense:
a) ungraded misdemeanor
b) 12 month suspension
c) 30 days to 6 months prison
d) $750 to $5,000 fine
e) alcohol highway safety school
f) treatment when ordered
g) 1 year ignition interlock
2 or more prior DUI offenses:
a) 1st degree misdemeanor
b) 18 month license suspension
c) 90 days to 5 years prison
d) $1,500 to $10,000 fine
e) treatment when ordered
f) 1 year ignition interlock
3 or more prior DUI offenses:
a) 1st degree misdemeanor
b) 18 month license suspension
c) 1 to 5 years prison
d) $1,500 to $10,000 fine
e) treatment when ordered
f) 1 year ignition interlock
For those at the highest BAC levels, the new law has strict penalties, but
also allows for treatment. This even-handed approach allows for
individuals to receive counseling for their alcohol problem, while still
penalizing those who choose to continue the dangerous practice of
drinking and driving.
In addition, drivers under the influence of controlled substances and
those who refuse breath or chemical testing are subject to the highest
BAC category penalties.
Highest BAC penalties (.16% and higher) or Controlled Substance
No prior DUI offenses
a) ungraded misdemeanor
b) 12 month license suspension
c) 72 hours to 6 months prison
d) $1,000 to $5,000 fine
e) alcohol highway safety school
f) treatment when ordered
1 prior DUI offense:
a) 1st degree misdemeanor
b) 18 month license suspension
c) 90 days to 5 years prison
d) $1,500 to $10,00 fine
e) alcohol highway safety school
f) treatment when ordered
g) 1 year ignition interlock
2 or more prior DUI offenses:
a) 1st degree misdemeanor
b) 18 month license suspension
c) 1 to 5 years prison
d) $2,500 to $10,000
e) treatment when ordered
f) 1 year ignition interlock
License Suspensions In Pensylvania
Suspensions will be imposed as follows:
a) BAC below .10% and incapable of safe driving: No suspension for
first offense if the driver meets certain criteria; 12 month license
suspension for second or subsequent offense.
b) BAC greater than or equal to .10% and less than .16%: 12 month
license suspension for first and second offense. 18 month suspension
for third or subsequent offense.
c) BAC greater than or equal to .16%: 12 month license suspension for
first offense. 18 month suspension for second or subsequent offense.
Out-of-state DUI convictions: No suspension for first offense; 12 month
license suspension for second or subsequent offense.
Ignition Interlock
Drivers who receive a second or subsequent DUI violation on or after
September 30, 2003, can no longer serve an additional one year
suspension in lieu of obtaining an ignition interlock device. Drivers are
required to install ignition interlock on all vehicles owned (including
leased) before driving privileges can be restored.
Additionally, the following exemptions and penalties have been added:
a) Financial Hardship Exemption: Drivers may apply for an exemption
from the requirement to install the ignition interlock device on all of their
vehicles. If the exemption is granted, ignition interlock installation will
only be required on one vehicle. - Effective February 1, 2004
b) Employment Exemption: Under certain circumstances, ignition
interlock restricted drivers may operate employer owned vehicles but
only in the course and scope of employment. The employee must notify
the employer of the ignition interlock restriction and carry proof of
employer notification on a PennDOT form. The employer owned vehicle
cannot be a school bus/vehicle or large passenger vehicle.
-Effective February 1, 2004
c) Ignition Interlock Violations: Individuals convicted of driving without or
tampering with the ignition interlock device will have their ignition
interlock period extended 12 month from the date of conviction for the
first offense and will have their driving privileges suspended for 12
months for the second or subsequent offenses. Upon restoration they
must comply with ignition interlock for 12 months. Individuals, whose
driving privileges are suspended during the ignition interlock period for a
non-ignition interlock violation, must complete the ignition interlock
period upon restoration. - Effective February 1, 2004
Occupational Limited Licenses (OLL's) In Pennsylvania
First time DUI offenders may be eligible for an OLL after serving 60 days
of their suspension. Individuals whose licenses are suspended for 18
months (for DUI or refusing breath or chemical testing) and have no
more than one prior offense may be eligible for an OLL with an ignition
interlock after serving 12 months of their suspension. In addition, first
time underage drinking violators may be eligible for an OLL.
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