DUI laws in Pennsylvania allow for the court to suspend your license.
DUI laws in Pennsylvania are divided into three main categories determined by the BAC, or blood alcohol concentration, found in a driver's system at the time of his arrest. All drivers with a BAC of .08 or higher can be charged with DUI; however, commercial vehicle drivers only need to be found to have a BAC of .04 to be charged with DUI, and any driver under the age of 21 will be charged with DUI if the BAC is .02 or higher. The law provides for penalties based on the BAC and the number of previous Pennsylvania DUI offenses.
Lowest BAC (.08 to .099)
A Pennsylvania driver with a blood alcohol concentration in this range will not have his license suspended if it is a first-time offense, but he will be required to pay a fine of $300 and remain on probation for six months. For second DUI offenses, the driver will have his license suspended for 12 months, pay a fine between $300 and $2,500, and receive a jail sentence of between five days and six months. For third DUI offenses, the driver will have his license suspended for 12 months, pay a fine between $500 and $5,000, and receive a jail sentence of between 10 days and two years.
Mid-Range BAC (0.10 to 0.159)
A Pennsylvania driver with a blood alcohol concentration in this range will have his license suspended for 12 months if it is a first-time offense, but he may be able to apply for a Limited Occupational License after 60 days. Additionally, he will be required to pay a fine between $500 and $5,000 and receive a jail sentence of between 30 days and six months. For second DUI offenses, the driver will have his license suspended for 12 months, pay a fine between $750 and $5,000, and receive a jail sentence of between 30 days and six months. For third DUI offenses, the driver will have his license suspended for 18 months, pay a fine between $1,500 and $10,000, and receive a jail sentence of between 90 days and five years.
Highest BAC (1.6 and above)
A Pennsylvania driver with a blood alcohol concentration in this range will have his license suspended for 12 months if it is a first-time offense, but he may be able to apply for a Limited Occupational License after 60 days. Additionally, he will be required to pay a fine between $1,000 and $5,000 and receive a jail sentence of between three days and six months. For second DUI offenses, the driver will have his license suspended for 18 months, pay a fine of $1,500 and receive a jail sentence of between 90 days and five years. For third DUI offenses, the driver will have his license suspended for 18 months, pay a fine of $2,500 and receive a jail sentence of between one and five years.
Implied Consent
A Pennsylvania driver who refuses to consent to a blood, breath or urine test when he is suspected of driving under the influence is automatically assumed to be guilty of DUI and will have his license suspended for one year. In some cases, this refusal to submit to testing carries harsher penalties than would be meted out for an individual BAC.
Other Controlled Substances
DUI laws in Pennsylvania allow a suspected impaired driver to be tested for other intoxicants to include marijuana and cocaine. Penalties for driving while intoxicated by these substances are imposed under the same guidelines as they are for alcohol.
Additional Penalties
In Pennsylvania, the law requires every person convicted of driving under the influence to attend Alcohol Highway Safety School. Additionally, the court may require second and third offenders to attend drug and alcohol screening and rehabilitation.
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