Driving when drunk or impaired is an absolutely serious offense in the United States. It not only endangers others, but it also puts yourself at risk. Although it is generally considered bad among American citizens, states do have more specific laws when it comes to their own DUI rules. This guide helps you break down and understand the DUI laws in the state of Pennsylvania, including penalties, legal limits, and what you can do if you drive under the influence and are charged with a DUI.
What To Do If You’re Pulled Over by the Police For Driving Under the Influence
You end up driving drunk, impaired, and end up getting pulled over by the police. Follow these steps to ensure you get the best possible outcome for this situation:
- Pull over safely: Use your turn signal and pull over to the side of the road safely.
- Stay calm, be respectful, and be cooperative with the police: Having a relaxed and compliant demeanor will make it easier for you, the officer, and the whole situation. It could lead to possible de-escalation of the incident as well.
- Be Polite and Avoid Incriminating Yourself: Being polite and respectful will help the situation as a whole. For example, if the police officer asks, “Have you been drinking?” you can politely decline answering by saying, “I prefer not answering any questions until I talk with an attorney.” Exercise your right to remain silent when it’s necessary, don’t volunteer unnecessary information as it can be used against you in court.
- Take the breathalyzer test: Not taking one can lead to consequences and penalties such as an automatic license suspension
- Understand field sobriety tests: These are legally not required and can deny participation, but keep in mind that refusing to take this test (like standing on one leg or walking in a straight line) does not mean you still won’t get arrested. They could have probable cause based on other contributing factors.
- Comply with the police during the arrest process: comply with the police so the arrest will be safe and smooth.
- Request a DUI attorney: Reaching out to an experience attorney will help any legal processes
What To Do If You’re Charged with a DUI in Pennsylvania
- Seek Legal Representation from an experienced DUI attorney immediately.
- Remember and document everything regarding the stop.
- Why you were pulled over
- How the officer conducted the sobriety tests
- Any actions or comments made by the police
- Any events prior that led to your arrest
Pennsylvania State College DUI lawyer Jason Dunkle, recommends that the “sooner you reach out to a legal representative regarding the arrest incident, the better you can remember and document everything that occurred”. This will ultimately help you in court. He states that there have been individuals who have reached out within less than 24 hours of their arrest.
An experienced DUI attorney will help you through your processes
Blood Alcohol Content Legal Limit in Pennsylvania
Pennsylvania’s system for DUI offenses is based on the drunk or impaired driver’s Blood Alcohol Content.
- Regular Class C License Drivers: 0.08%
- Commercial Drivers (Trucks, Big Rigs, etc): 0.04%
- Underaged Drivers (anyone younger than 18): 0.02%
Penalties for a Pennsylvania DUI
In Pennsylvania, various types of offenders and offenses are met with different penalties. DUIs depend on the Blood Alcohol Content (BAC) of the driver and how many DUI offenses they have committed. The larger the Blood Alcohol Content and the more times someone commits a DUI, the stronger and harsher the penalties and consequences are.
First Time Offenders
In Pennsylvania, first-time DUI offenders are punished severely depending on their blood alcohol content (BAC).
For Blood Alcohol Content (BAC) between 0.08% and 0.099%, you could:
- Face up to 6 months of probation
- Receive a $300 fine
- Go to Alcohol Highway Safety School, which is mandatory
- Could undergo alcohol or drug treatment depending on evaluation
- No License Suspension
For Blood Alcohol Content (BAC) between 0.10% and 0.159%, you could:
- Minimum of 2 days to 6 months in jail
- Receive anywhere from a $500-$5,000 fine
- Mandatory Alcohol Highway Safety School
- Community Service
- Higher likelihood of alcohol or drug treatment, depending on the evaluation
- Have your license suspended for 12 months
Any Blood Alcohol Content over 0.16% is grounds for greater and extremely harsher punishments, greater fines and jail time, and could be eligible for Pennsylvania’s Accelerated Rehabilitative Disposition Program (ARD).
One other factor to consider is first-time offenders could be eligible for an Ignition Interlock Device, a breathalyzer device installed in a vehicle to prevent the automobile from starting if the dryer blows an undesirable blood alcohol level, depending on how bad the accident and circumstance is.
Repeat Offenders:
Repeat offenders during the second and third offenses get longer and much more severe punishments. This includes more expensive fines, extended jail time sentences, and longer license suspension times. It is important to note that these punishments a repeat offender faces are within the first 10 years of your first DUI.
Second Time
If Blood Alcohol Content (BAC) is between 0.08% and 0.099%:
- Face up to 6 months of jail time
- Receive a fine up to $2,500
- Go to Alcohol Highway Safety School, which is mandatory
- Mandatory treatment for alcohol or drugs
- 12-month driver’s license suspension
- Mandatory Ignition Interlock Device (IID) installation for 12 months after license suspension
0.10% and 0.159%, you could:
- Face up to 6 months of jail time
- Receive a fine of up to $5,000
- Mandatory Alcohol Highway Safety School
- Mandatory treatment for alcohol or drugs
- 12-month driver’s license suspension
- Mandatory Ignition Interlock Device (IID) installation for 12 months suspended license
Third Time
If Blood Alcohol Content (BAC) is between 0.08% and 0.099%, you could:
- Face up to 2 years of jail time
- Receive a fine of up to $5,000
- Go to Alcohol Highway Safety School, which is mandatory
- Mandatory treatment for alcohol or drugs
- Up to an 18-month driver’s license suspension
- Mandatory Ignition Interlock Device installation for 1 year after license suspension
- Charged with Second-Degree Misdemeanor
0.10% and 0.159%, you could:
- Face up to 5 years of jail time
- Receive fines of up to $10,000
- Go to Alcohol Highway Safety School, which is mandatory
- Mandatory treatment for alcohol or drugs
- 18-month driver’s license suspension
- Ignition Interlock Device installation for 1 year after license suspension, which is mandatory
- Charged with First-Degree Misdemeanor
Other Consequences include:
- Potential Felony Charges: Especially under the Pennsylvania DUI State Act 153.
- Permanent Criminal Record
- Extended License Suspensions
- Longer mandatory alcohol treatment programs
- Higher Insurance Rates
For both second and third-time offenders, anything above 0.16% would lead to an automatic conviction and greater and more extreme penalties and repercussions.
How Drug-Related DUI Cases are handled in Pennsylvania
In Pennsylvania, they have zero-tolerance laws, meaning that any trace amount for any illegal drugs can result in a DUI charge.
If a driver tests positive for marijuana, even if they have a legalized marijuana license, they can still face DUI consequences and charges.
Police officers and other law enforcement will administer a field sobriety test, either a blood or urine test to detect any drugs within the individual’s system. Refusal to take the test includes an automatic license suspension under the state’s Implied Consent Law.
Pennsylvania law does not differentiate between types of drugs driving under the influence of these drugs can lead to a DUI conviction. This includes illegal drugs, harder controlled and uncontrolled substances, prescription medications, and even over-the-counter drugs. However, for prescription medications, the defendant may ask to show they were using the drug as prescribed. Even in this scenario, it does not guarantee that a DUI charge can be negated.
Penalties and consequences are similar to an alcohol DUI – jail time, license suspension, heavy fines, potential felony charges, and long-term repercussions.
Types of Pennsylvania DUI Cases
- General Impairment
- High Blood Alcohol
- Highest Blood Alcohol
- Drug-Related
- DUI with minors in the vehicle
- Commercial Driver’s License (CDL)
- Underage
- DUI involving car accidents or personal injuries
- Multiple, repeat offense
- Refusal of Chemical Test
Tips on How To Avoid a Pennsylvania DUI
- Call a ride-sharing service such as Uber or Lyft
- Have a friend or a loved one be a designated driver
- Limit your intake of alcohol to a few drinks
Just in 2023, 308 people died in alcohol-related crashes. On average each day in that same year (2023) 0.8 persons were fatally injured, 14 persons were injured in alcohol-related traffic crashes. It is important to follow these tips to avoid putting your record and other people in danger in Pennsylvania.
