Click here to fight your Pennsylvania traffic ticket
Driving while under the influence of drugs or alcohol in Pennsylvania—or any state, for that matter—is illegal. In PA, the penalties can be quite severe, including massive fines and months in jail. To avoid a drinking and driving offense or to beat the charges of one, there are a few things that you’ll need to know.
What Is DUI in Pennsylvania?
A DUI in Pennsylvania is defined as a violation that includes any of the following conditions:
- Driving with a blood alcohol content (BAC) of 0.08% or higher.
- Driving while under the influence of any drugs or controlled substances.
Three Tiers of DUI in PA
In Pennsylvania, there are three tiers of DUI offenses: general impairment, medium tier (a.k.a. “high”), and high tier (a.k.a. “highest”). Since these tier names can be confusing, after this section, we will be referring to them as general impairment, medium tier, and high tier.
- General Impairment
The lowest tier of DUIs in Pennsylvania is called a general impairment DUI. This DUI charge is applied to people accused of driving with a BAC at or between 0.08% and 0.10%.
- High Rate
The middle tier of DUIs in Pennsylvania is called the high rate (confusing, we know). This is for anybody who is charged with driving with a BAC between 0.10% and 0.159%.
- Highest Rate
The high tier of DUIs in Pennsylvania is called the highest rate. This charge applies to anybody accused of driving with a BAC of 0.160% or higher as well as any DUIs that involve drugs.
Penalties for DUI in PA
Like many states, the penalties for DUIs in Pennsylvania increase with the number of convictions you receive. In other words, the first time you are convicted of a DUI, you will receive less severe penalties than the third time.
First Offense
The first time you are accused of a DUI, the judge is likely to be far more lenient with you—especially if you otherwise have a squeaky clean record. Here are the penalties you might be facing for each tier of DUIs on your first time through the system.
- General Impairment
For a first-time conviction of a general impairment DUI, you can face up to six months of probation, $300 in fines, court-ordered DUI classes, and potentially even court-ordered drug and alcohol abuse treatment. For a first time general impairment DUI, there is no mandatory jail time or license suspension/revocation.
- Middle Tier DUI
For a first-time conviction of a middle tier DUI, you can face up to 48 hours in jail, six months of parole, one year driver license suspension, court-ordered DUI classes, and drug and alcohol abuse treatment; and between $500 and $5,000 in fines.
- High Tier DUI
For a first-time conviction of a high tier DUI, you can face up to 72 hours in jail, six months of parole, and one year driver license suspension; and between $1,000 and $5,000 in fines.
Second Offence
If you come before the judge once, you can hope for leniency. If you come before a judge twice, you can kiss that leniency goodbye. The penalties for a second offense are often much worse.
- General Impairment
For a second-time conviction of a general impairment DUI, you can face between five days and six months in county jail, the suspension of your driver license for 12 months, between $300 and $2,500 in fines, court-ordered DUI classes, and court-ordered drug and alcohol abuse treatment.
Once your license is restored, you will have to install the guardian interlock breathalyzer system on all of your vehicles for one year.
- Middle Tier DUI
For a second-time conviction of a middle tier DUI, you can face 30 days to 6 months in jail, a fine ranging from $750 to $5,000, a 12-month driver license suspension, court-ordered DUI classes, and court-ordered drug and alcohol abuse treatment.
Once your license is restored, you will have to install the guardian interlock breathalyzer system on all of your vehicles for one year.
- High Tier DUI
For a second-time conviction of a high tier DUI, you can face 90 days in county jail to 5 years in prison, a fine ranging from $1,500 to $10,000, an 18-month driver license suspension, court-ordered DUI classes, and court-ordered drug and alcohol abuse treatment.
Once your license is restored, you will have to install the guardian interlock breathalyzer system on all of your vehicles for one year.
Third Offence
If you are unlucky enough to be convicted of a third DUI offense in Pennsylvania, the penalties will be incredibly steep.
- General Impairment
For a third-time conviction of a general impairment DUI, you can face 10 days in jail to 2 years in prison, a 12-month suspension of your driver license, a fine ranging from $500 to $5,000, and court-ordered drug and alcohol abuse treatment.
Once your license is restored, you will have to install the guardian interlock breathalyzer system on all of your vehicles for one year.
- Middle Tier DUI
For a third-time conviction of a middle tier DUI, you can face up to 90 days in jail followed by a five-year “tail” period of supervision, an 18-month driver license suspension, a fine ranging from $1,500 to $10,000, and court-ordered drug and alcohol abuse treatment.
Once your license is restored, you will have to install the guardian interlock breathalyzer system on all of your vehicles for one year.
- High Tier DUI
For a third-time conviction of a high tier DUI, you can face between one and five years in prison, an 18-month driver license suspension, a fine ranging from $2,500 to $10,000, and court-ordered drug and alcohol abuse treatment.
Once your license is restored, you will have to install the guardian interlock breathalyzer system on all of your vehicles for one year.
What Is the ARD Program?
ARD stands for “Accelerated Rehabilitative Disposition.” This program is designed to present an alternative to jail time for first-time offenders. Successful completion can also help to expedite the reinstatement of your driver license.
How Long Does a DUI in PA Stay on Your Record?
DUI convictions in Pennsylvania stay on your criminal record for the rest of your life unless they are expunged or given limited access relief. Because criminal records are public records in the United States, it will be reflected on all future criminal background checks, credit records, insurance reports, driver license history, etc.The only way to ensure that a DUI does not negatively impact the rest of your life is to beat it in court. For more legal advice, contact an expert traffic lawyer through the WinIt app today.
