Pennsylvania DUI Laws

In October 2003, Pennsylvania’s allowable driver intoxication limit was lowered from a .10 blood alcohol content (BAC) to a .08. Four (4) months later, the Pennsylvania legislature instituted much stricter penalties for those convicted of DUI.

In all DUI cases, please note that the BAC must be measured within two (2) hours of the driver’s operation of the motor vehicle.

Pennsylvania’s 3-Tier System

Tier 1 DUI Offense: Tier 1 offenses are for the “generally impaired,” meaning drivers having a BAC between .08 and .099 who were not involved in a motor vehicle accident causing property damage or personal injury.

First-time offenders convicted of a Tier 1 DUI offense do not face a suspension of their driving privileges, but they do face a $300 fine plus court costs, six (6) month criminal probation, and mandatory completion of a safe driving program.

Repeat offenders convicted of a Tier 1 DUI offense face a 12-month suspension of their driving privileges, incarceration ranging from five (5) days to six (6) months, fines ranging from $300 to $2,500 plus court costs, mandatory completion of a safe driving program, and, once driving privileges are reinstated, an ignition interlock system (disables the motor vehicle if alcohol is detected on the operator’s breath).

Tier 2 DUI Offense: Tier 2 offenses are those in which the intoxicated driver has a BAC between .10 and .159 or offenses in which the intoxicated driver caused a motor vehicle accident resulting in property damage or personal injury. Tier 2 DUI offenses also include commercial drivers having a BAC of .04 or greater and minors having a BAC of .20 or greater.

First-time offenders convicted of a Tier 2 DUI offense face a 12-month suspension of their driving privileges (eligible for an occupational license after 60 days), incarceration ranging from two (2) days to six (6) months, fines ranging from $500 to $5,000 plus court costs, and mandatory completion of a safe driving program.

Repeat offenders convicted of a Tier 2 DUI offense face a 12-month suspension of their driving privileges, incarceration ranging from one (1) month to six (6) months, fines ranging from $750 to $5,000 plus court costs, mandatory completion of a safe driving program, and, once driving privileges are reinstated, an ignition interlock system (disables the motor vehicle if alcohol is detected on the operator’s breath).

Tier 3 DUI Offense: Tier 3 offenses are the most serious and include intoxicated drivers having a BAC above .160, intoxicated drivers refusing to submit to blood testing, and drivers having illegal drugs in their system. Prescription drugs are considered illegal without a valid prescription.

First-time offenders convicted of a Tier 3 DUI offense face a 12-month suspension of their driving privileges (eligible for an occupational license after 60 days), incarceration ranging from three (3) days to six (6) months, fines ranging from $1,000 to $5,000 plus court costs, and mandatory completion of a safe driving program.

Repeat offenders convicted of a Tier 2 DUI offense face a 18-month suspension of their driving privileges, incarceration ranging from three (3) months to five (5) years, fines starting at $1,500 plus court costs, mandatory completion of a safe driving program, and, once driving privileges are reinstated, an ignition interlock system (disables the motor vehicle if alcohol is detected on the operator’s breath).

Those Arrested for DUI Do Have Options

Those arrested for their first DUI offense are eligible for ARD (Accelerated Rehabilitative Disposition), after successful completion of which the DUI can be expunged from the intoxicated driver’s criminal record. Additionally, just like any criminal charges, intoxicated drivers can plea to lesser charges or move to suppress evidence and try the case in hopes of an acquittal. The possibilities are endless.

If you have been arrested for DUI, you have options. But you need an experienced attorney at Gibbons Legal to help you explore those options.

For more information, and a FREE consultation, please contact us today.