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PENNSYLVANIA DUI LAWS & PENALTIES
75 Pa.C.S.A. 3802

Free DUI Laws & Penalties Fact Sheet click here.

75 Pa.C.S.A. 3802(a)(1)  General impairment.- Incapable of Safe 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.

MINIMUM PENALTIES

  • First Offense:  6 months probation, $300.00 Fine
  • Second Offense:  5 days in jail, $300 Fine, 12 Month Suspension
  • Third Offense:  10 days in jail, $500 Fine, 12 Month Suspension

MINIMUM PENALTIES (with Accident)

  • First Offense:   48 hours in jail, $500 Fine, 12 Month Suspension
  • Second Offense:  30 days in jail, $750 Fine, 12 Month Suspension
  • Third Offense:  90 days in jail, $1500 Fine, 18 Month Suspension

MINIMUM PENALTIES (With Refusal)

  • First Offense:  72 Hours in jail, $1000 Fine, 12 Month Suspension
  • Second Offense:  90 days in jail, $1500 Fine, 18 Month Suspension
  • Third Offense:  1 year in prison, $2500 Fine, 18 Month Suspension

75 Pa.C.S.A. 3802(a)(2)  General impairment - BAC between .08 and .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 0.08% but less than 0.10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

PENALTIES

  • First Offense:  6 months probation, $300.00 Fine
  • Second Offense:  5 days in jail, $300 Fine, 12 Month Suspension
  • Third Offense:  10 days in jail, $500 Fine, 12 Month Suspension

75 Pa.C.S.A. 3802(b)  High rate of alcohol.--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 0.10% but less than 0.16% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

PENALTIES

  • First Offense:   48 hours in jail, $500 Fine, 12 Month Suspension
  • Second Offense:  30 days in jail, $750 Fine, 12 Month Suspension
  • Third Offense:  90 days in jail, $1500 Fine, 18 Month Suspension

75 Pa.C.S.A. 3802(c)  Highest rate of alcohol.--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 0.16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

PENALTIES

  • First Offense:  72 Hours in jail, $1000 Fine, 12 Month Suspension
  • Second Offense:  90 days in jail, $1500 Fine, 18 Month Suspension
  • Third Offense:  1 year in prison, $2500 Fine, 18 Month Suspension

75 Pa.C.S.A. 3802(d)  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, as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act;

(ii)  Schedule II or Schedule III controlled substance, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, which has not been medically prescribed for the individual; or

(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 the vehicle.

(3)  The individual is under the combined influence of alcohol and 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 the vehicle.

(4)  The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. § 7303 (relating to sale or illegal use of certain solvents and noxious substances).

PENALTIES

  • First Offense:  72 Hours in jail, $1000 Fine, 12 Month Suspension
  • Second Offense:  90 days in jail, $1500 Fine, 18 Month Suspension
  • Third Offense:  1 year in prison, $2500 Fine, 18 Month Suspension

75 Pa.C.S.A. 3802(e)  Minors.--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 minor's blood or breath is 0.02% or higher within two hours after the minor has driven, operated or been in actual physical control of the movement of the vehicle.

PENALTIES

  • First Offense:   48 hours in jail, $500 Fine, 12 Month Suspension
  • Second Offense:  30 days in jail, $750 Fine, 12 Month Suspension
  • Third Offense:  90 days in jail, $1500 Fine, 18 Month Suspension

75 Pa.C.S.A. 3802(f)  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)  0.04% or greater 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 a school vehicle.

(ii)  0.02% 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 a 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 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 of controlled substances, as defined in section 1603.

PENALTIES

  • First Offense:   48 hours in jail, $500 Fine, 12 Month Suspension
  • Second Offense:  30 days in jail, $750 Fine, 12 Month Suspension
  • Third Offense:  90 days in jail, $1500 Fine, 18 Month Suspension



PENNSYLVANIA
DUI DEFENSE ATTORNEYS
PENNSYLVANIA CRASH & SERIOUS VIOLATION LAWS

75 Pa.C.S.A. 3732.  Homicide by vehicle (Felony)

(a)  Offense.--Any person who recklessly or with gross negligence causes the death of another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of a vehicle or to the regulation of traffic except section 3802 (relating to driving under influence of alcohol or controlled substance) is guilty of homicide by vehicle, a felony of the third degree, when the violation is the cause of death.

75 Pa.C.S.A. 3732.1.  Aggravated assault by vehicle (Felony)

(a)  Offense.--Any person who recklessly or with gross negligence causes serious bodily injury to another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of a vehicle or to the regulation of traffic, except section 3802 (relating to driving under influence of alcohol or controlled substance), is guilty of aggravated assault by vehicle, a felony of the third degree when the violation is the cause of the injury.

75 Pa.C.S.A. 3733.  Fleeing or attempting to elude police officer (Felony/Misdemeanor)

(a)  Offense defined.--Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police officer, when given a visual and audible signal to bring the vehicle to a stop, commits an offense as graded in subsection (a.2).

75 Pa.C.S.A. 3735.  Homicide by vehicle while driving under influence (Felony w/ Mandatory Prison)

(a)  Offense defined.--Any person who unintentionally causes the death of another person as the result of a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) and who is convicted of violating section 3802 is guilty of a felony of the second degree when the violation is the cause of death and the sentencing court shall order the person to serve a minimum term of imprisonment of not less than three years. A consecutive three-year term of imprisonment shall be imposed for each victim whose death is the result of the violation of section 3802.

75 Pa.C.S.A. 3735.1.  Aggravated assault by vehicle while driving under the influence (Felony)

(a)  Offense defined.--Any person who negligently causes serious bodily injury to another person as the result of a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) and who is convicted of violating section 3802 commits a felony of the second degree when the violation is the cause of the injury.

75 Pa.C.S.A. 3736.  Reckless driving (Loss of License upon conviction)

(a)  General rule.--Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

75 Pa.C.S.A. 3742.  Accidents involving death or personal injury (Misdemeanor / Loss of License)

(a)  General rule.--The driver of any vehicle involved in an accident resulting in injury or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section 3744 (relating to duty to give information and render aid). Every stop shall be made without obstructing traffic more than is necessary.

75 Pa.C.S.A. 3743.  Accidents involving damage to attended vehicle or property (Misdemeanor / Loss of License)

(a)  General rule.--The driver of any vehicle involved in an accident resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section 3744 (relating to duty to give information and render aid). Every stop shall be made without obstructing traffic more than is necessary.

75 Pa.C.S.A. 3745.  Accidents involving damage to unattended vehicle or property.

(a)  General rule.--The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to the other vehicle or property shall immediately stop the vehicle at the scene of the accident or as close thereto as possible and shall then and there either locate and notify the operator or owner of the damaged vehicle or other property of his name, address, information relating to financial responsibility and the registration number of the vehicle being driven or shall attach securely in a conspicuous place in or on the damaged vehicle or other property a written notice giving his name, address, information relating to financial responsibility and the registration number of the vehicle being driven and shall without unnecessary delay notify the nearest office of a duly authorized police department. Every stop shall be made without obstructing traffic more than is necessary.


OTHER PENALTIES

CDL HOLDERS - Any outcome, other than acquittal, results in a disqualification of your CDL.  Therefore, even if you are ARD eligible, you need to hire an attorney to defend you against the charges.  Submit your information here for a free case evaluation.


CHILDREN IN THE VEHICLE -  If a child under the age of 14 is in the vehicle, you may not enter ARD.  If a child under the age of 18 is in the vehicle, you will be subject to enhanced penalties including jail time up to 90 days and an 18 month suspension.
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