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Pennsylvania DUI Laws


Pennsylvania DUI Laws state that the terms drunk driving, driving after imbibing (DAI), driving under the influence (DUI), or driving while impaired (DWI) mean the same thing and is punishable.

Similar to all states in the country, an individual can be arrested for DAI under the following conditions: all drivers with blood alcohol content of 0.08% or more, minors under 21 with BAC of 0.02% or more, and commercial vehicle drivers with 0.04% or more. Furthermore, if you have any measurable amount of alcohol in your system, you can be arrested.

DUI laws in Pennsylvania provide unique sentencing schemes. During an arrest, your recorded blood alcohol concentration will really matter. The state classifies BAC in three levels:

1. BAC of 0.08% to 0.099% – merits the lowest penalty;
2. BAC of 0.10% to 0.159% – merits the higher penalty; and
3. BAC of .016% and above – merits the highest penalty.

Once arrested for DAI in Pennsylvania, you will face two charges. One is for the jail time, fines, and other possible punishments that will be tried in a criminal court case. The second is a Department of Transportation case to determine the duration of your license suspension.

The following are the penalties, fines, and license suspensions as mandated by Pennsylvania DUI Laws based on the three levels of blood alcohol concentration:

1. First DAI conviction
a. BAC of 0.08% to 0.099% – jail time of 6 months probation and fine of $300;
b. BAC of 0.10% to 0.159% – jail time of 2 days up to 6 months, fines from $500 to $5,000, and license suspension of 12 months with the possibility of a limited occupational license after 60 days; and
c. BAC of 0.16% – jail time of 3 days up to 6 months, fines from $1,000 to $6,000, and license suspension of 12 months with the possibility of a limited occupational license after 60 days.

2. Second DAI conviction
a. BAC of 0.08% to 0.099% – jail time of 5 days up to 6 months, fines from $300 to $2,500, and license suspension of 12 months;
b. BAC of 0.10% to 0.159% – jail time of 30 days up to 6 months, fines from $750 to $5,000, and license suspension of 12 months; and
c. BAC of 0.16% – jail time of 90 days up to 5 years, a fine of $1,500, and license suspension of 18 months.

3. Third DAI conviction
a. BAC of 0.08% to 0.099% – jail time of 10 days up to 2 years, fines from $500 to $5,000, and license suspension of 12 months;
b. BAC of 0.10% to 0.159% – jail time of 90 days up to 5 years, fines from $1,500 to $10,000, and license suspension of 18 months; and
c. BAC of 0.16% – jail time of 1 to 5 years, minimum fine of $2,500, and license suspension of 18 months.

There are more laws imposed by the state of Pennsylvania not discussed here. If you want to protect your rights, hire a competent DUI defense lawyer now!