DUI & DWI

In 2003, Pennsylvania took a major leap toward eradicating drunk driving through the passing of Act 24. In a nutshell, this new fist-waving law made it easier for law enforcement to confront the drinking and driving problem by dropping the legal blood alcohol content limit for drivers down to 0.08%, and it introduced alcohol treatment into the penalty package.

So far, so good for Act 24's enforcement intent. In 2005, the Pennsylvania State Police tallied a record number of arrests for driving under the influence (DUI)―13,406.

Blood Alcohol Content (BAC) Defined

The state operates behind a three-tiered definition for DUI based on a driver's BAC:

• General impairment: 0.08% to 0.099%

• High BAC: 0.10% to 0.159%

• Highest BAC: 0.16% and up

Penalties

General Impairment

• First offense:

• You can face up to six months of probation.

• Be hit with a $300 fine.

• Attend mandatory alcohol highway safety school.

• Be ordered to seek alcohol and drug treatment.

• Second offense:

• Have your license suspended for one year.

• Spend five days to six months in jail.

• Get slugged with a fine ranging from $300 to $2,500.

• Attend mandatory alcohol highway safety school.

• Be ordered to seek alcohol and drug treatment.

• Get saddled with an ignition interlock system for one year.

• Three or more offenses:

• You will be charged with a second-degree misdemeanor.

• Have your license suspended for one year.

• Get heaved into jail from 10 days to two years.

• Face a fine ranging from $500 to $5,000.

• Be ordered to seek alcohol and drug treatment.

• Get saddled with an ignition interlock system for one year.

High BAC

• First offense:

• License suspended for one year.

• Face anywhere from 48 hours to six months in jail.

• Get whacked with a fine ranging from $500 to $5,000.

• Attend mandatory alcohol highway safety school.

• Be ordered to seek alcohol and drug treatment.

• Second offense:

• Automatic one-year driver's license suspension.

• Get pitched into jail for 30 days to six months.

• Be fined anywhere from $750 to $5,000.

• Attend mandatory alcohol highway safety school.

• Be ordered to seek alcohol and drug treatment.

• Get burdened with an ignition interlock system for one year.

• Three offenses:

• You will be charged with a first-degree misdemeanor.

• Automatic 18-month license suspension.

• Get bounced into jail for 90 days to five years.

• Fined anywhere from $1,500 to $10,000.

• Be ordered to seek alcohol and drug treatment.

• Get burdened with an ignition interlock system for one year.

• Four or more offenses:

• You will be charged with a first-degree misdemeanor.

• Automatic 18-month suspension.

• Get bounced into jail for one to five years.

• Fined anywhere from $1,500 to $10,000.

• Be ordered to seek alcohol and drug treatment.

• Get burdened with an ignition interlock system for one year.

Highest BAC

• First offense:

• License suspended for one year.

• Face anywhere from 72 hours to six months in jail.

• Get jabbed with a fine ranging anywhere from $1,000 to $5,000.

• Attend mandatory alcohol highway safety school.

• Be ordered to seek alcohol and drug treatment.

• Second offense:

• Charged with a first-degree misdemeanor.

• Automatic 18-month suspension.

• Ordered to spend 90 days to five years behind bars.

• Fined anywhere from $1,500 to $10,000.

• Attend mandatory alcohol highway safety school.

• Be ordered to seek alcohol and drug treatment.

• Get stuck with an ignition interlock system for one year.

• Three or more offenses:

• Charged with a first-degree misdemeanor.

• Automatic 18-month suspension.

• Get bounced into jail for one to five years.

• Fined anywhere from $2,500 to $10,000.

• Be ordered to seek alcohol and drug treatment.

• Get saddled with an ignition interlock system for one year.

Other Long-term Consequences

More Information

Chapter Four of the Driver's Manual provides detailed information about Pennsylvania's DUI laws, including the zero-tolerance law for those under 21, implied consent to BAC testing, driving impaired by medication, and the interstate Driver's License Compact.