DUI & DWI in Pennsylvania
Fines and Fees
1st offense – $300 – $5,000
2nd offense – $300 – $10,000
3rd offense – $500 – $10,000
4th offense – $1,500 – $10,000
Insurance
Insurance Increase – $748.80
Total policy increase – $2,646.40
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PENNSYLVANIA DUI/ DWI
Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!
Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.
PENNSYLVANIA DUI/ DWI REGULATIONS
In Pennsylvania, the Blood Alcohol Content (BAC) limit is set at:
0.08% – for drivers over 21 years of age
0.02%. – for commercial drivers (CDL)
0.02% – for drivers under 21 years of age
The state of Pennsylvania operates behind a 3-tiered definition for DUI based on a driver’s BAC:
0.08% to 0.099% – General Impairment
0.10% to 0.159% – High BAC
0.16% and up – Highest BAC
Having a license in the state of Pennsylvania automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked for 1 year. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.
Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.
PENNSYLVANIA DUI/ DWI PENALTIES
If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!
If you are over 21 years old:
1st Offense
BAC 0.08% to 0.099%:
- You can face up to 6 months of probation.
- A $300 fine.
- Attend mandatory alcohol highway safety school.
- Be ordered to seek alcohol and drug treatment.
BAC 0.10% to 0.159%:
- License suspended for 1 year.
- 48 hours to 6 months in jail.
- A fine ranging from $500 to $5,000.
- Attend mandatory alcohol highway safety school.
- Be ordered to seek alcohol and drug treatment.
BAC 0.16% and up:
- License suspended for 1 year.
- 72 hours to 6 months in jail.
- $1,000 to $5,000 fine.
- Attend mandatory alcohol highway safety school.
- Be ordered to seek alcohol and drug treatment.
2nd Offense
BAC 0.08% to 0.099%:
- License suspended for 1 year.
- 5 days to 6 months in jail.
- $300 to $2,500 fine.
- Attend mandatory alcohol highway safety school.
- Be ordered to seek alcohol and drug treatment.
- Must use an ignition interlock system for 1 year.
BAC 0.10% to 0.159%:
- Automatic driver’s license suspension for 1 year.
- Jail time for 30 days to 6 months.
- $750 to $5,000 fine.
- Attend mandatory alcohol highway safety school.
- Be ordered to seek alcohol and drug treatment.
- Must use an ignition interlock system for 1 year.
BAC 0.16% and up:
- Charged with a 1st Degree Misdemeanor.
- Automatic suspension of 18 months.
- Order to spend 90 days to 5 years behind bars.
- Fine from $1,500 to $10,000.
- Attend mandatory alcohol highway safety school.
- Be ordered to seek alcohol and drug treatment.
- Must use an ignition interlock system for 1 year.
3rd Offense
BAC 0.08% to 0.099%:
- You will be charged with a 2nd Degree Misdemeanor.
- License suspended for 1 year.
- Jail time from 10 days to 2 years.
- Face a fine ranging from $500 to $5,000.
- Be ordered to seek alcohol and drug treatment.
- Must use an ignition interlock system for 1 year.
BAC 0.10% to 0.159%:
- You will be charged with a 1st Degree Misdemeanor.
- Automatic license suspension of 18 months.
- 90 days to 5 years of jail time.
- Fined from $1,500 to $10,000.
- Be ordered to seek alcohol and drug treatment.
- Must use an ignition interlock system for 1 year.
BAC 0.16% and up: (3rd offense & subsequent offenses)
- Charged with a 1st Degree Misdemeanor.
- Automatic suspension of 18 months.
- Jail time for 1 to 5 years.
- Fine of $2,500 to $10,000.
- Be ordered to seek alcohol and drug treatment.
- Must use an ignition interlock system for 1 year.
4th Offense (and subsequent offenses):
- You will be charged with a 1st Degree Misdemeanor.
- Automatic suspension for 18 months.
- Receive 1 to 5 years of jail time.
- Fine of $1,500 to $10,000.
- Be ordered to seek alcohol and drug treatment.
- Must use an ignition interlock system for 1 year.
Chapter Four of the Driver’s Manual provides detailed information about Pennsylvania’s DUI laws, including the zero-tolerance law for minors, implied consent to BAC testing, driving impaired by medication, and the interstate Driver’s License Compact.
IF YOU ARE UNDER 21 YEARS OLD:
- If you are convicted for the “minor in possession/other alcohol offenses” law (trying to purchase, possessing or having purchased any intoxicant; or being intoxicated using alcohol, drugs or other intoxicants; or having a BAC higher than 0.02%) while driving, you may be charged with a fine of $ 500 to $5,000.
- The court may order a minor’s license to be suspended for 3 months for the first conviction or revoked for one year for a second, and revoked for 2 years for a third conviction.
- The court may order up to 48 hours jail time.
- You might be asked to enroll and complete a program of alcohol education, intervention or counseling.
- Apart from these actions, the adults might also be charged with financial penalties for knowingly and intentionally supplying alcohol to minors.
- Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/ DWI.
PENNSYLVANIA PENALTIES FOR COMMERCIAL VEHICLE DRIVERS (CDL)
- You will be barred from driving a commercial vehicle for at least 1 year, if you are convicted for the first time.
- You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
PENNSYLVANIA ADMINISTRATIVE ACTIONS AGAINST DUI/DWI
The immediate consequence if a test shows that your blood alcohol level is beyond the permissible limits is the revocation of your license. This is purely an administrative action and quite apart from any criminal charges and penalties that the courts decide. You will be given a temporary driving permit and you may request a hearing. It is a good idea to consult a DUI/DWI lawyer before you request an administrative hearing.
PENNSYLVANIA LICENSE REINSTATEMENT for DUI/ DWI SUSPENSION & REVOCATION
If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Department of Transportation, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.
- If your license has been suspended or revoked for 5 years or more, you first need to apply for a probationary license, which allows you to drive a non commercial vehicle between 6 am and 7 pm. The applicable fee is $85.25. A probationary license petition needs to be submitted for the same.
- To complete the reinstatement requirements, you must prove that you have successfully completed the alcohol and drug treatment program (the agency will send the proof to the DOT once you have completed the program) and pay the appropriate reinstatement fee.
You can submit or mail the reinstatement application and fees at:
PennDOT
Bureau of Driver Licensing
P.O. Box 68618
Harrisburg, PA 17106-8618