Pennsylvania Driving Under the Influence Law
Pennsylvania also uses the term “Drinking after Imbibing” and is unique in having a policy of punishing those who drive under the influence of drugs at the very highest level of driving under the influence of alcohol.
In common with many other States, a DUI/DAI arrest in Pennsylvania will lead to two cases being brought against the defendant, a criminal case and a Department of Public Safety case. If you have been arrested for DUI/DAI in Pennsylvania, you have only 15 days in order to apply for a hearing at the Department of Public Safety in order to retain your driver's license. It is therefore essential that you contact a Pennsylvania DUI/DAI lawyer as soon as possible.
Charges for DUI/DAI in Pennsylvania can be prosecuted either on the basis of Blood Alcohol Concentration, which is currently set at a maximum of 0.08% or through proving impairment through “field sobriety tests”, driving patterns or through the testing of breath, blood or urine. A skilled DUI/DAI lawyer will be able to handle each of these situations. Pennsylvania also has a system of enhancements depending on BAC, whether it is 0.08% to 0.99%, 0.1% to 0.159% or from 0.16% and above.
| Conviction | Punishment |
| First | $300 fine, maximum probation of 6 months. |
| Second | Minimum 5 days incarceration, fine between $500 and $2500, 12 month suspension of license, ignition interlock for 1 year |
| Third | 10 days minimum jail term, fine between $500 and $5000, 1 year suspension of license, ignition interlock for 1 year. |
| First 0.08%-0.159% BAC | 48 hours incarceration, fine of between $500 and $500, 12 month suspension of license, attendance of Alcohol Highway Safety School |
| Second 0.8%-0.159% BAC | 30 days minimum jail term, fine between $750 and $5000 fine, 18 month license suspension, attendance of Alcohol Highway Safety School, ignition interlock device for 1 year |
| Third 0.8%-0.159% BAC | 90 days minimum jail term, fine between $1500 and $10000, 18 month license suspension, 1 year ignition interlock |
| Fourth 0.8-0.159% BAC | Minimum 1 year imprisonment, fine between $1500 and $10000, 18 month license suspension, ignition interlock device for 1 year. |
| First over 0.16% BAC | 72 hours jail term, fine between $1000 and $5000, license suspension of 1 year, attend Alcohol Highway Safety School. |
| Second over 0.16% BAC | 90 days minimum jail term, minimum $1500 fine, 18 month suspension of license, attend Alcohol Highway Safety School, ignition interlock for 1 year. |
| Third over 0.16% BAC | Minimum 1 year imprisonment, minimum fine of $2500, 18 month license suspension, 1 year ignition interlock device. |
Contact your Philadelphia DUI lawyer
Contact your Pittsburgh DUI lawyer