Pennsylvania DUI Penalties

Getting picked up for a DUI in Pennsylvania can be a frightening experience. After a DUI arrest, many drivers know their limits and never drive under the influence again. The state of Pennsylvania recognizes that any driver can fail to realize his or her level of intoxication and make the mistake of driving while impaired. That’s why the state uses a tiered penalty system that is gentler on first-time offenders and firmer on repeat drunk drivers.

An Overview of Pennsylvania DUI Penalties

Along with the number of prior offenses, penalties for driving under the influence in Pennsylvania are dictated by blood alcohol content (BAC) of the driver at the time of his or her arrest. The penalties are as follows:

First-Time Offender

BAC .08-.099%

  • Charge: Misdemeanor (ungraded)
  • Fine: $300
  • Sentence: Up to 6 months probation
  • Additional treatment/penalties: Alcohol highway safety school, possible ordered substance abuse treatment

BAC .10-.159%

  • Charge: Misdemeanor (ungraded)
  • Fine: $500-5,000
  • Sentence: 48 hours-6 months prison
  • Additional treatment/penalties: 12-month suspension of license, alcohol highway safety school, possible ordered substance abuse treatment

BAC .16% or up

  • Charge: Misdemeanor (ungraded)
  • Fine: $1000-5,000
  • Sentence: 72 hours-6 months prison
  • Additional treatment/penalties: 12-month suspension of license, alcohol highway safety school, possible ordered substance abuse treatment

2nd Offense

BAC .08-.099%

  • Charge: Misdemeanor (ungraded)
  • Fine: $300-2,500
  • Sentence: 5 days-6 months prison
  • Additional treatment/penalties: 12-month suspension of license, 12-month ignition interlock, alcohol highway safety school, possible ordered substance abuse treatment

BAC .10-.159%

  • Charge: Misdemeanor (ungraded)
  • Fine: $750-5,000
  • Sentence: 30 days-6 months prison
  • Additional treatment/penalties: 12-month suspension of license, 12-month ignition interlock, alcohol highway safety school, possible ordered substance abuse treatment

BAC .16% or up

  • Charge: 1st degree misdemeanor
  • Fine: $1,500-10,000
  • Sentence: 90 days-5 years prison
  • Additional treatment/penalties: 18-month suspension of license, 12-month ignition interlock, alcohol highway safety school, possible ordered substance abuse treatment

All Offenses After 2nd Offense

BAC .08-.099%

  1. Charge: 2nd degree misdemeanor
  2. Fine: $500-5,000
  3. Sentence: 10 days-2 years prison
  4. Additional treatment/penalties: 12-month suspension of license, 12-month ignition interlock, possible ordered substance abuse treatment

BAC .10-.159%

  • Charge: 1st degree misdemeanor
  • Fine: $1,500-10,000
  • Sentence: 90 days-5 years prison (1-5 years prison for any offense after 3rd offense)
  • Additional treatment/penalties: 18-month suspension of license, 12-month ignition interlock, possible ordered substance abuse treatment

BAC .16% or up

  • Charge: 1st degree misdemeanor
  • Fine: $2,500-10,000
  • Sentence: 1-5 years prison
  • Additional treatment/penalties: 18-month suspension of license, 12-month ignition interlock, possible ordered substance abuse treatment

Philadelphia DUI Lawyer

When you are arrested for a DUI in Pennsylvania, it’s not as simple as whether or not you’ve had a drink. You need representation to ensure you receive fair treatment under the law. Attorney Ken Chotiner is a member of the American Institute of DUI/DWI Attorneys and has years of experience defending those accused of driving under the influence in the state of Pennsylvania.

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