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DWI Pennsylvania

There are now three levels of DUI in the state of Pennsylvania. The DUI laws of Pennsylvania create a higher set of penalties for those having higher BAC levels. It allows for treatment at all levels, and requires alcohol highway safety school for all first and second time offender

The 3 Levels are:

1. General Impairment (.08 to .099% BAC)

2. High BAC (.10 to .159% BAC)

3. Highest BAC (.16% and higher)

Note: Under the DUI law minors, commercial drivers, school vehicle or bus drivers, and offenders involved in an accident that injures someone or causes property damage may be subject to the high BAC penalties even if their BAC is not in the high category. Offenders who refuse breath or chemical testing may be subject to the highest BAC penalties.

 

The following show the penalties for each of the BAC level:

Level One (Undetermined BAC, .08 to .099% BAC)

No prior DUI offenses

• Upgraded Misdemeanor

• Up to 6 months probation

• $300 fine

• Alcohol highway safety school

• Treatment when ordered

 

With 1 prior DUI offense

• Upgraded Misdemeanor

• 12 month license suspension

• 5 days to 6 months jail time

• $300 to $2,500 fine

• Alcohol highway safety school

• Treatment when ordered

• 1 year ignition interlock

 

2 or more prior DUI offenses

• 2nd degree misdemeanor

• 12 month license suspension

• 10 days to 2 years prison

• $500 to $5,000 fine

• treatment when ordered

• 1 year ignition interlock

 

High BAC penalties (.10 to .159% BAC)

No prior DUI offenses

• Upgraded misdemeanor

• 12 month license suspension

• 48 hours to 6 months prison

• $500 to $5,000 fine

• Alcohol highway safety school

• Treatment when ordered

 

1 prior DUI offense

• Upgraded misdemeanor

• 12 month suspension

• 30 days to 6 months prison

• $750 to $5,000 fine

• Alcohol highway safety school

• Treatment when ordered

• 1 year ignition interlock

 

2 or more prior DUI offenses

• 1st degree misdemeanor

• 18 month license suspension

• 90 days to 5 years prison

• $1,500 to $10,000 fine

• Treatment when ordered

• 1 year ignition interlock

 

3 or more prior DUI offenses

• 1st degree misdemeanor

• 18 month license suspension

• 1 to 5 years prison

• $1,500 to $10,000 fine

• Treatment when ordered

• 1 year ignition interlock

 

High BAC penalties (.10 to .159% BAC)

No prior DUI offenses

• Ungraded misdemeanor

• 12 month license suspension

• 48 hours to 6 months prison

• $500 to $5,000 fine

• Alcohol highway safety school

• Treatment when ordered

 

1 prior DUI offense

• Upgraded misdemeanor

• 12 month suspension

• 30 days to 6 months prison

• $750 to $5,000 fine

• Alcohol highway safety school

• Treatment when ordered

• 1 year ignition interlock

 

2 or more prior DUI offenses

• 1st degree misdemeanor

• 18 month license suspension

• 90 days to 5 years prison

• $1,500 to $10,000 fine

• Treatment when ordered

• 1 year ignition interlock

 

3 or more prior DUI offenses

• 1st degree misdemeanor

• 18 month license suspension

• 1 to 5 years prison

• $1,500 to $10,000 fine

• Treatment when ordered

• 1 year ignition interlock

 


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