The three levels of DUI in Pennsylvania

On Behalf of | May 31, 2023 | DUI

It’s widely understood that to be charged with driving under the influence (DUI) of alcohol, a driver’s blood alcohol content (BAC) must reach 0.08%. While all U.S. states observe this limit, Pennsylvania takes things further by making three tiers of DUI charges to account for higher BAC levels.

DUI levels based on BAC

A state law passed in 2003 introduced the tiered DUI system Pennsylvania currently uses. The law defines three DUI levels according to the BAC of the driver:

  • General impairment: Refers to drivers with a BAC between 0.08% and 0.99%.
  • High BAC: Drivers with a BAC between 0.10% and 0.159%.
  • Highest BAC: Those with 0.16% and higher.

The higher a driver’s BAC, the harsher the penalties they face when they’re convicted.

Penalties per DUI level

Each DUI level has corresponding penalties. Notably, the system also focuses on treatment for drivers who commit their first DUI offense, regardless of their BAC level.

The penalties are:

General impairment

  • No prior offenses: Ungraded misdemeanor, up to six months of probation, a $300 fine and a requirement to attend alcohol highway safety school and treatment.
  • One prior DUI: Ungraded misdemeanor, 12-month license suspension, up to six months jail time, a fine of up to $2,500 and a requirement to attend alcohol highway safety school and treatment. The driver must also have an ignition interlock device installed in their vehicle for up to a year.
  • Two or more prior DUIs: Second-degree misdemeanor, 12-month license suspension, up to two years of jail time, a fine of up to $5,000 and a requirement to attend treatment. Drivers must also have an ignition interlock device installed on their vehicle for a year.

High BAC

  • No prior offenses: Ungraded misdemeanor, 12-month license suspension, up to six months jail time, a fine of up to $5,000, and a requirement to attend alcohol highway safety school and treatment.
  • One prior DUI: Ungraded misdemeanor, 12-month suspension, up to six months jail time, a fine of up to $5,000 and a requirement to attend alcohol highway safety school and treatment. Drivers must also have an ignition interlock device installed in their vehicle for up to a year.
  • Two or more prior DUIs: First-degree misdemeanor, 18-month license suspension, up to five years jail time, a fine of up to $10,000 and a requirement to attend treatment and a one-year ignition interlock period.

Highest BAC

  • No prior offenses: Ungraded misdemeanor, 12-month license suspension, up to six months jail time, a fine of up to $5,000 and a requirement to attend alcohol highway safety school and treatment.
  • One prior DUI: First-degree misdemeanor, 18-month license suspension, up to five years jail time, a fine of up to $10,000, a requirement to attend alcohol highway safety school and treatment and a one-year ignition interlock period.
  • Two or more prior DUIs: First-degree misdemeanor, 18-month license suspension, up to five years jail time, a fine of up to $10,000, a requirement to attend treatment and a one-year ignition interlock period.

It should be noted that those who refuse a breath or chemical test will be automatically subjected to the highest BAC penalties.

Because Pennsylvania has a tiered approach to DUI charges, drivers can expect to face more severe punishments the higher their BAC levels are. Drivers should consider seeking legal counsel to challenge a DUI charge or reduce their sentences. A criminal defense attorney should be able to protect drivers’ rights in court and even appeal specific penalties such as license suspensions.

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