Pennsylvania First Offense DUI Laws

First-time DUI penalties in Pennsylvania will depend on the driver's BAC and whether he was using a controlled substance.

Driving under the influence of alcohol can have grave consequences for the driver and anyone sharing the road with him. In September 2003, Pennsylvania lowered its acceptable blood alcohol content (BAC) level from .10 to .08, which reflects the threshold in every other state. Pennsylvania bases its DUI penalties on the driver's BAC level, meaning higher levels of intoxication will result in harsher penalties. Also, driving under the influence of a controlled substance will result in the harshest penalties. Anyone facing a DUI charge should consult with an attorney versed in this aspect of law for guidance.

Treatment and Safety School

Defendants convicted of a first DUI in Pennsylvania will have to attend an alcohol safety program regardless of BAC. The court reserves the right to order treatment if it sees fit.

Lowest Level Penalties

The first grouping of penalties applies to a BAC of .08 to .099, and the law considers a BAC in this range "general impairment." Penalties for a first offense can result in a fine up to $300 and six months probation. A first offense of this nature does not usually result in a license suspension.

Second Level Penalties

A BAC between .10 and .159 is considered a high BAC, and a first-time defendant with this level of impairment will suffer harsher punishment. This can include a jail sentence between 48 hours and six months and a $500 to $5,000 fine. The offender will also lose his license for one year.

Highest Level Penalties

Anyone with a BAC of .16 or higher, or those driving under the influence of a controlled substance, will face the harshest penalties for a first-time offense. Pennsylvania law allows the courts to apply this most severe category of penalties to drivers who refused to submit to testing and face conviction for a DUI. A first time offense in this category can result in a jail term of 72 hours to six months and a fine between $1,000 and $5,000. The defendant will also receive a 12-month license suspension.

Occupational Limited License

Under Pennsylvania law, first-time offenders who lose their licenses might qualify for an occupational limited license that would allow them to drive to places like work, school and the doctor's office. They are still required by law to serve the first 60 days of the suspension.

References

• Pennsylvania Department of Transportation: .08 DUI Legislation
• Pennsylvania DUI Association: DUI Law Grading and Sentencing Guide