Pennsylvania Drunk Driving Laws

The level of punishment for drunk driving in Pennsylvania is based not only on how many times an offender has been convicted, but also on a three-tiered classification of how drunk the offender was at the time of arrest.

Like most states, Pennsylvania considers those driving with a blood alcohol concentration (BAC) of 0.08 percent or more to be driving under the influence. Harsher punishment is meted out to those whose BAC exceeds 0.10 percent, and harsher still for those above 0.16 percent.

Probation Turns to Jail Time above First Tier

For a first DUI conviction at the first BAC tier, the fine is $300 and the offender receives six months' probation. At the second tier, the fine can be from $500 to $5,000, with jail time anywhere from two days to six months, and the court may suspend driving privileges for up to a year. After 60 days, the court may choose to grant a partial reinstatement, but only for the purpose of getting to and from work.

Second-tier punishment includes the possibility of using an ignition interlock device (IID) for a year after renewal of driving privileges. The IID is an electronic device a little bigger than a cell phone that is wired into a car's ignition system. In order to start the car, the driver must breathe into a tube on the IID and not register a BAC above a preprogrammed level.

The third-tier first conviction fine is $1,000 to $5,000, and jail time is from three days to six months. The offender must pay for and attend an alcohol safety education school. Suspension of driving privileges and imposition of the IID are the same as for the second-tier offender.

IID Mandatory for Second and Subsequent Convictions

With a second DUI conviction, fines and jail time may go up for all tiers, the duration of driving suspension may increase to 18 months for the third tier, and an IID becomes mandatory for all tiers. The court may also order the offender to undergo alcohol screening and rehabilitation.

For subsequent DUI convictions, penalties continue to increase.

If you've been arrested for DUI in Pennsylvania, don't go to court alone. Contact an experienced attorney who can help you avail yourself of all your rights as a defendant. If you are convicted, having the right attorney may affect the level of your punishment.