DUI Reference Guide

Pennsylvania DUI/DAI Laws

In Pennsylvania, a person driving under the influence of alcohol or drugs can be arrested for DUI (driving under the influence) or DAI (driving after imbibing).  Anyone arrested for a DUI faces charges in court.  The Department of Transportation might also suspend a driver’s license.  In fact, each time an individual is convicted of DUI in Pennsylvania, they will also face a one-year license suspension.

When an individual is charged with a DUI/DAI they face the possibility of jail time as well as fines and the loss of their license.  Offenders will also need to attend education programs for alcohol and/or drugs.  Some individuals will also be required to have an ignition interlock system placed in their vehicles once their driver’s license is reinstated after a suspension period. 

The penalties a person faces for a DUI conviction vary depending upon a person’s blood alcohol content.  There are three different levels regarding punishments.  A person is considered to be in violation of DUI laws when their blood alcohol content meets or even falls higher than 0.08%.  The first is for BAC of .08 to .099%, the second is set at .10 to .159% with the third level being any levels at or above .16%.  Punishments also vary depending upon how many, if any prior DUI offenses an individual has on their record.

Anyone arrested for a DUI can be sent to drug and alcohol highway safety classes.  They can also be required to have an evaluation to discover if an individual needs treatment for a drug or alcohol problems.  In fact, they can be required to enter a treatment program if the court believes that this is necessary to help an individual with drug and alcohol addictions and related problems.  Their treatment and therapy can be part of a person’s sentencing and therefore must be completed to avoid being in violation of the penalties set forth through the court case. 

The first DUI category is for those individuals with a BAC of .08% to .099%.  First time offenders face a $300 fine and as much as six-months probation.  Second time offenders could fine themselves in jail for at least five days and perhaps more.  They face a 12 month suspension of their license as well as fines ranging from $300-$2500.  An ignition interlock system is also required.  Third time offenders face $500-$5000 fines, a minimum of 10 days in jail, the ignition interlock as well as a 12 month license suspension.

Individuals with a BAC of .10% to .159% who are first offenders can spend 48 hours in jail at least, as well as having their license revoked for 12 months.  Fines can range form $500-$5000.  Second time offenders will find themselves in jail for 30 days or more, will need to pay $750-$5000 in fines and also lose their license for 12 months.  Penalties and fines increase as the number off offenses rises.

Anyone convicted of a DUI with the highest BAC who are first time offenders will be in jail for at least 72 hours, pay $1,000-$5000 in fines, be required to have an ignition interlock system and lose their license for twelve months.  Once again multiple offenses will result in stricter penalties. 

There are various factors that can cause a person to receive the penalties associated with the highest BAC even if their blood alcohol concentration was not in the highest BAC category.  People, who are not willing to take a blood alcohol concentration test when pulled over for suspicion of a DUI, fall into this category.  Minors who are arrested for DUI face stricter penalties.  The same is true for drivers who drive school buses as well as individuals with commercial driver’s licenses.  The law is complicated and is meant to protect everyone from the dangers of driving while under the influence. 

A DUI is a serious offense with several consequences.  Those convicted can face jail time, fines, license suspensions and other penalties.  For this reason, it is essential that anyone arrested consult with a lawyer.  They should find a lawyer who is knowledgeable in the area of DUI laws in Pennsylvania.  In fact, there are lawyers who specialize in defending those who have been arrested for a DUI.