nunst064

Pennsylvania DUI/DWI Laws

Click your County to find your FORMER PROSECUTOR Now!

Quick Overview of Penalties for DUI/DWI

  • BAC Percentage for Increased (Aggravated) Penalty – .16
  • License Suspension for 1st Offense – None
  • Limited Driving Privileges During Suspension – Yes
  • Ignition Interlock – Mandatory for repeat convictions
  • Vehicle and License Plate Sanctions – None

General State Information

Understanding DUI/DWI Penalties

There are four main factors that determine the severity of the penalties incurred:

  1. The age of the driver
  2. The substance impairing you. This may be drugs, or alcohol, or both
  3. The category of your driver’s license (Restricted, CDL)
  4. Whether you refused a chemical test

Chemical Test Refusal

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Pennsylvania are:

 

1st Refusal

2nd Refusal

3rd Refusal

Lookback Period

  • In Pennsylvania the lookback period is 10 years
  • Any arrest for DUI/DWI within 10 years of your first offense results in higher penalties

Zero Tolerance

  • Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
  • A BAC of .08% and above will result in the same penalties as drivers 21 and over

Penalties for Underage Drivers (under 21)

1st Offense

 

2nd Offense

Tier System

– Pennsylvania divides DUI/DWI offenses into 3 separate tiers based on BAC level

  • Tier 1 – .08% – .099%
  • Tier 2 – .10% – .159%
  • Tier 3 – .16% and above

DUI/DWI Penalties/Alcohol/Drug related (Tier 1)

1st Offense

  • $300 fine

 

2nd Offense

  • $300 – $2500 fine

DUI/DWI Penalties/Alcohol/Drug related (Tier 2)

1st Offense

  • $500 – $5000 fine

 

2nd Offense

  • $750 – $5000 fine

DUI/DWI Penalties/Alcohol/Drug related (Tier 3)

1st Offense

  • $1000 – $5000 fine

 

2nd Offense

  • $1,500 – $10,000 fine

Accelerated Rehabilitative Disposition (ARD)

  • ARD is a unique state sponsored program that aims to help qualifying first time offenders avoid the criminal process and curb recidivism
  • Successful completion of the program will result in dismissal of the charges against you
  • The most significant benefit of this program is the complete avoidance of a criminal record
  • However, this will count as a prior conviction should you commit another DUI/DWI infraction for the purpose of calculating penalties

CDL Drivers (Commercial)

  • Those with a commercial driver’s license (CDL) are held to a stricter standard
  • The BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
  • An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
  • A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL

Wet Reckless

  • Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
  • Pennsylvania does allow for plea bargains in DUI/DWI cases
  • It can only be pleaded down to reckless driving
  • This allows you to avoid a criminal record
  • Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
  • The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
  • This plea bargain is typically only allowed for first time offenders with no aggravating factors involved