PENNSYLVANIA DUI

Blood Alcohol Level (BAC) for Driving Under the Influence (DUI) in Pennsylvania:

• Standard BAC: .08-.099% or above
• Mid Level BAC: .10-.159%
• Zero Tolerance BAC: .02% or above
• Commercial Drivers: .04% or above
• High BAC: .16% or above

Implied Consent and Chemical Test Refusal: Pennsylvania's Implied Consent Law states that if you refuse to take a urine, blood, or breath test to determine your BAC, your license may be suspended for a year. If you are charged with violating Pennsylvania's Implied Consent Law, or if you are arrested for DUI, contact a Pennsylvania criminal defense attorney who specializes in Pennsylvania DUI law for the best outcome of your case.

DUI Arrest - Civil Case

Potential Penalties:

• License Suspension:
• First DUI Conviction:
• BAC .08-.099%-None.
• BAC .10-.159%-1 year.
• BAC .16 or above-1 year. You must also complete Alcohol Highway Safety School and mandatory alcohol assessment and treatment.

• Second DUI Conviction:
• BAC .08-.099%-1 year.
• BAC .10-.159%-1 year.
• BAC .16 or above-18 months. You are also required to attend Alcohol Highway Safety School

• Monetary Fines:
• First DUI Conviction:
• BAC .08-.099%-$300.
• BAC .10-.159%-$500 to $5,000.
• BAC .16% and above-$1,000 to $5,000.

• Second DUI Conviction:
• BAC .08-.099%-Minimum $300, maximum $2,500.
• BAC .10-.159%-Minimum $750, maximum $5,000.
• BAC .16% and above-$1,500.

• Community Service: It is possible that you may have to complete up to 150 hours of community service.

• Probation: Generally, 6 months.

• Motor Vehicle Impoundment: No.

• Ignition Interlock: After your first DUI with a BAC of .16% or above, an ignition interlock device will be required. Following your second DUI, if you have a BAC of .16% or above you must install an ignition interlock device in your car prior to your driver's license reinstatement.

• Prison Time:
• First DUI:
• BAC .08-.099%-None (you will get probation).
• BAC .10-.159%-Between 2 days and 6 months.
• BAC .16% or above-Between 3 days and 6 months.

• Second DUI:
• BAC .08-.099%-5 days to 6 months.
• BAC .10-.159%-Between 30 days and 6 months.
• BAC .16% and above-Between 90 days and 5 years.

DUI Arrest - Criminal Charges
Because the criminal charges and punishments in Pennsylvania differ depending on your BAC level, understanding the sentencing procedures and DUI law can be challenging. It is in your best interest to hire an experienced Pennsylvania criminal attorney who specializes in DUI cases.

Potential Criminal Consequences:

Regardless of your BAC level, your first DUI offense in Pennsylvania will be charged as an ungraded misdemeanor if criminal charges are brought against you. Upon your second DUI, if you had a BAC of between .08 - .159%, the criminal charge against you will be an ungraded misdemeanor. However, if your BAC is .16% or greater, you will be charged with a first degree misdemeanor.

Reinstating Your License After DUI Conviction: You will have to pay a driver's license restoration fee of between $50 and $100 to the Pennsylvania Department of Transportation. Ask the Pennsylvania Department of Transportation to send you a Restoration Requirements letter. You must also make sure that you have liability insurance and can demonstrate your coverage.

Effect of DUI on Car Insurance: Following a DUI conviction, your insurance provider must file an SR-22 proof of insurance form with the Pennsylvania Department of Transportation. SR-22 insurance must be maintained for three years after your DUI conviction. Because SR-22 insurance is high risk insurance, it can be incredibly expensive, and some insurance carriers will not offer SR-22 insurance.

Effect of DUI on Driving Record: DUI convictions stay on your record in Pennsylvania for ten years.

Under 21 and DUI: When you are under 21, have a BAC of .02% or higher, and are operating a motor vehicle, you are in violation of Pennsylvania's Zero Tolerance Law. Breaking Pennsylvania's Zero Tolerance Law will result in license suspension of up to one year, an alcohol evaluation, a $500 fine for your first offense, and participation in a state-approved Alcohol Highway Safety Program.

Pennsylvania Resources

Pennsylvania Department of Transportation
http://www.dmv.state.pa.us/

Pennsylvania Driver and Vehicle Services
http://www.dmv.state.pa.us/home/index.shtml