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

Free DUI Laws & Penalties Fact Sheet

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 of Breath Test or Refusal to submit to Warrant)

  • 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


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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