Pennsylvania DUI Laws
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75 Pa.C.S.A. 3802(a)(1)- DUI General Impairment (Unsafe Driving)
An individual may not drive, operate, or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating, or being in actual physical control of the movement of the vehicle.
75 Pa.C.S.A. 3802(a)(2)- DUI General Impairment (.08- .099)
An individual may not drive, operate, or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .08% but less than .10% within two hours after the individual has driven, operated or been in actual physical control of the motor vehicle.
75 Pa.C.S.A 3802(b)- DUI High Rate of Alcohol - (.10 - .159)
An individual may not drive, operate, or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .10% but less than .16% within two hours after the individual has driven, operated or been in actual physical control of the motor vehicle.
75 Pa.C.S.A. 3802(c)- DUI Highest Rate of Alcohol (.16 and higher)
An individual may not drive, operate, or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .16% or higher within two hours after the individual has driven, operated or been in actual physical control of the motor vehicle.
75 Pa.C.S.A. 3802(d)- DUI Controlled Substances
An individual may not drive, operate, or be in actual physical control of the movement of a vehicle under any of the following circumstances:
(1) There is in the individual's blood any amount of a:
(i) Schedule I Controlled Substance(ii) Schedule II Controlled Substance(iii) metabolite of a substance under subparagraph (i) or (ii).(2) The individual is under the influence of a drug or combination of drugs to a degree which impairs the individual's ability to safely drive, operate or be in actual physical control of the movement of a vehicle.
(3) The individual is under the combined influence of alcohol and a drgu or combination of drugs to a degree which impairs the individual's ability to safely drive, operate or be in actual physical control of the movement of a vehicle.
(4) The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. 7303 (relating to the sale or illegal use of certain solvents and noxious substances.
75 Pa.C.S.A. 3802(e) - DUI Minor
A minor may not drive, operate, or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .02% or higher within two hours after the individual has driven, operated or been in actual physical control of the motor vehicle.
75 Pa.C.S.A. 3802(f) - DUI Commercial or School Vehicles
An individual may not drive, operate, or be in actual physical control of the movement of a commercial vehicle, school bus or school vehicle in any of the following circumstances:
(1) After the individual has imbibed a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is:
(i) .04% or greated within two hours after the individual has driven, operated, or been in actual physical control of the movement of a commercial vehicle other than a school bus or school vehicle.(ii) .02% or greater within two hours after the individual has driven, operated, or been in actual physical control of the movement of a school bus or school vehicle.(2) After the individual has imbibed a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating, or being in actual physical control of the movement of the vehicle.
(3) While the individual is under the influence of a controlled substance or a combination of controlled substances as defined in section 1603 (relating to definitions)
(4) While the individual is under the combined influence of alcohol and a controlled substance or combination or controlled susbtances, as defined in section 1603.
