In the state of Pennsylvania, driving under the influence (DUI) is an offense that is punishable by law. Pennsylvania law states that it is illegal to operate a motor vehicle for anyone who has a Blood Alcohol Concentration (BAC) or 0.08% or higher.
Pennsylvania.08 DUI Legislation*
Act 24, which lowered Pennsylvania’s legal limit of alcohol from .10 to .08, was signed into law on September 30, 2003. The new Driving Under the Influence (DUI) Law creates a tiered approach toward DUI enforcement and treatment, and includes many changes to the penalties, terms of suspension, fines and other requirements. The combination of an individual’s Blood Alcohol Content (BAC) level, and prior offenses, determines the licensing requirements and penalties. The new law focuses on treatment for first-time DUI offenders, rather than strictly punishment and suspension.
There are now three levels of DUI:
Under the new 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 charts show the penalties for each of the BAC categories:
General Impairment penalties (Undetermined BAC, .08 to .099% BAC)
*Source: Pennsylvania.gov
Pennsylvania State Laws*
Pennsylvania DUI Laws – statute(s)
- 75 Pa.C.S.A. § 3802
Pennsylvania DUI Laws – standard
- “An individual may not drive, operate or be in actual physical control of the movement of a vehicle under any of the following circumstances: . . . [t]he individual is under the influence of a drug or combination of drugs to a degree which impairs the individual’s ability to safely drive, operate or be in actual physical control of the movement of the vehicle.” 75 Pa.C.S.A. § 3802(d)(2)
Pennsylvania DUI Laws – applicable substances
- Drug or combination of drugs.
Pennsylvania DUI Laws – affirmative defense
- “The fact that a person charged with violating this chapter is or has been legally entitled to use alcohol or controlled substances is not a defense to a charge of violating this chapter.” 75 Pa.C.S.A. § 3810.
Pennsylvania Per se – statute(s)
- 75 Pa.C.S.A. § 3802.
Pennsylvania Per se – standard
- “An individual may not drive, operate or be in actual physical control of the movement of a vehicle under any of the following circumstances: . . . [t]here is in the individual’s blood any amount of a: (i) Schedule I controlled substance, as defined in the act of April 14, 1972 (P.L. 233, No. 64),1 known as The Controlled Substance, Drug, Device and Cosmetic Act; (ii) Schedule II or Schedule III controlled substance, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, which has not been medically prescribed for the individual; or (iii) metabolite of a substance under subparagraph (i) or (ii).” 75 Pa.C.S.A. § 3802(d)(1).
Pennsylvania Per se – applicable substances
- Schedule I controlled substance or metabolite.
- Schedule II or III controlled substance (or a metabolite) which has not been medically prescribed for the person (or a metabolite).
- Pennsylvania has published the minimum levels of Schedule I, II or III substances that must be present in blood for results to be admissible in a criminal proceeding: Amphetamine (5 ng/ml); Methamphetamine(5 ng/ml); Methadone (20 ng/ml); THC (1 ng/ml); Cocaine (5 ng/ml); Benzoylecgonine (5 ng/ml); Phencyclidine (1 ng/ml); Codeine (5 ng/ml); Hydrocodone (5 ng/ml); Hydromorphone (2.5 ng/ml); 6-Monoacetylmorphine (2.5 ng/ml); Morphine (5 ng/ml); Oxycodone (5 ng/ml); Amobarbital (40 ng/ml); Pentobarbital (40 ng/ml); Secobarbital (ng/ml). 41 Ps. B. 2295 (April 30, 2011). Per se – affirmative defense Schedule II or III controlled substance has been medically prescribed for the person. 75 Pa.C.S.A. § 3802(d)(1). Implied consent – applicable drivers Any person who drives, operates or is in actual physical control of the movement of a vehicle in Pennsylvania. 75 Pa.C.S.A. § 1547(a)
Pennsylvania Implied consent – tests authorized
- One or more chemical tests of breath or blood. 75 Pa.C.S.A. § 1547(a).
Pennsylvania Implied consent – basis for test
- LEO must have “reasonable grounds to believe” the person was either: (1) operating the vehicle in violation of drugged driving laws; or (2) involved in an accident in which any person was killed. 75 Pa.C.S.A. § 1547(a).
Pennsylvania Implied consent – evidence of refusal
- The fact of refusal is admissible in any summary proceeding or criminal proceeding in which the defendant is charged with a violation of drugged driving laws. No presumptions arise from the refusal, however. 75 Pa.C.S.A. § 1547(e).
Pennsylvania Implied consent – administrative / civil penalty for refusal
- Refusal with no prior conviction driver’s license suspended for 12 months.
Refusal with at least one prior conviction driver’s license suspended for 18 months. 75 Pa.C.S.A. § 1547. Implied consent – criminal penalty for refusal
- If convicted, an offender who refused a chemical test faces higher criminal penalties. 75 Pa.C.S.A. § 3804(c).
Pennsylvania DUI Conviction – administrative / civil penalty (license suspension, use of IID)
- Second conviction driver’s license suspended for 12 months; use of IID for one year.
- Third or subsequent conviction driver’s license suspended for 18 months; use of IID for one year. 75 Pa.C.S.A. § 3804(e).
- Any offender with a prior conviction in the past 10 years who seeks restoration of driving privileges must have an IID installed for the duration of the restricted driving period. 75 Pa.C.S.A. § 3805(a). Conviction – criminal penalties (jail sentence, fines, community service)
- First conviction jail sentence of 72 hours to six months; fine of $1,000-$5,000; must comply with treatment requirements.
- Second conviction first degree misdemeanor; jail sentence of 90 days to five years; fine of $1,500-$10,000; must comply with treatment requirements.
- Third or subsequent conviction first degree misdemeanor; jail sentence of one to five years; fine of $2,500-$10,000; must comply with treatment requirements. 75 Pa.C.S.A. § 3804(c).
- Additional penalties for committing a violation while causing bodily injury, serious bodily injury or death of another person. 75 Pa.C.S.A. § 3803(b).
Child endangerment
Committing a violation with a person under age 18 in the vehicle is a first degree misdemeanor. 75 Pa.C.S.A. § 3803(b)(5).
* Reference: Drugged Driving: 2016 Summary of Key Provisions of State Laws
