PENNSYLVANIA DUI LAW CHANGES EFFECTIVE 2018
1) 3rd offense DUI’s are now a felony in Pennsylvania if the BAC was .16 or higher.
2) A person convicted of killing another during a DUI can now expect to face a 5-year mandatory jail
sentence if he had a prior DUI and 7-year mandatory jail sentence if he had 2 prior DUI’s.
3) Driving under suspended license (suspended due to a DUI) now has graduated penalties. It used to be
between 60-90 days in jail no matter how many times it happened. Now, the 2nd time carries “at least”
90 days in jail (and could be higher) and a 3rd time carries up to 6 months in jail. Fines have gone up
also.
4) The ignition interlock system was greatly expanded to both allow for and in many instances require that
DUI offenders in PA install the device on their vehicles.
The bottom line is that the DUI laws, plus PENNDOT regulations, have gotten so complicated that you really need an attorney to guide you. It’s a long process, with a lot of pitfalls, so you should get yourself an attorney.
Driving Under Influence (DUI) Penalties in Pennsylvania
In Pennsylvania, punishment for a DUI is based on the blood-alcohol level (BAC) and the number of prior DUI the person has had. With the changes in the DUI law in 2004, there are now 3 categories for DUI based upon blood-alcohol level (BAC): They are:
a) .08%-.099%
b) .10% -.159%
c) .16% and higher, or refusal to submit to a blood test.
While a person is on probation/parole supervision for a DUI in Pennsylvania, he can be ordered to do the following: a Court Reporting Network (CRN) evaluation; Alcohol Highway Safety (AHSS), drug & alcohol (D&A) assessment and treatment, and installation of an Ignition Interlock System.
1st OFFENSE DUI (NO PRIOR DUI OFFENSES WITHIN THE LAST 10 YEARS)
BAC is .08% to .099%. This carries a 6-month maximum probation and a $300.00 fine. No license suspension and no jail time.
BAC is .10% to .159%. Mandatory 48-hour imprisonment up to a possible 6 months and a fine of between $500.00 to $5,000.00. In certain counties, the defense attorney can negotiate a period of house arrest rather than incarceration. License suspension is 12 months. However there is a possibility (not guaranteed) to get an Occupational Limited License (OLL) after serving 2 months of suspension.
BAC is .16% or higher or refusal to give a blood or breath sample. Mandatory 72-hour imprisonment up to a possible 6 months and a fine between $1,000.00 to $5,000.00. In certain counties, the defense attorney can negotiate a period of house arrest rather than incarceration. License suspension is 12 months. Also possibility for Occupational Limited License after 2 months of serving suspension.
2nd OFFENSE DUI
BAC is .08% to .099%. Mandatory 5 days imprisonment up to a possible 6 months and a fine of between $300.00 and $2,500.00. In certain counties, the defense attorney can negotiate a period of house arrest rather than incarceration. License suspension is 12 months.
BAC is .10% to .159%. Mandatory 30 days imprisonment up to a possible 6 months maximum jail sentence and a fine of between $750.00 and $5,000.00. In certain counties, the defense attorney can negotiate a period of house arrest rather than incarceration. The license suspension is 12 months.
BAC is .16% or higher or a refusal to give blood. Mandatory 90 days imprisonment up to a 5 year maximum jail sentence. In certain counties, the defense attorney can negotiate a period of house arrest rather than incarceration. Fine of between $ 1,500.00 and $10,000.00. License suspension is 12 months.
3rd OFFENSE DUI
BAC is .08% to .099%. Mandatory 10 days imprisonment up to a 2 year maximum jail sentence and a fine between $500.00 to $5,000.00. In certain counties, the defense attorney can negotiate a period of house arrest rather than incarceration. License suspension is for 12 months.
BAC is .10% to .159%. Mandatory 90 days imprisonment up to 5 year maximum jail sentence and a fine between $1,500.00 to $10,000.00. In certain counties, the defense attorney can negotiate a period of house arrest rather than incarceration. License suspension is for 18 months.
BAC is .16% or higher or a refusal. Mandatory 1 year imprisonment up to 5 year maximum jail sentence and a fine between $2,500.00 and $10,000.00. Typically, most counties will not allow a person to serve house arrest rather than incarceratio for this level of DUI, and good-time and Petitions for Early Parole will not usually be entertained. License suspension is for 18 months.
4TH OFFENSE DUI
BAC is .08% to .099%. Mandatory 10 days imprisonment up to 2 year maximum jail sentence and a fine between $500.00 to $5,000.00. License suspension is for 12 months.
BAC is .10% to .159%. Mandatory 1 year imprisonment up to 5 year maximum jail sentence and fine between $1,500.00 to $10,000.00. License suspension is for 18 months.
BAC is .16% or higher or a refusal. Mandatory 1 year imprisonment up to 5 year maximum jail sentence and a fine between $2,500.00 to $10,000.00. The license suspension is for 18
months
