DUIs - What You Need to Know

Frequently Asked Questions About DUIs in Pennsylvania: What You Need to Know

By: Adam Zucker, Esquire

Driving under the influence comes with serious consequences, even if it is your first offense. In Pennsylvania, the legal limit for blood alcohol concentration (BAC) is 0.08%, which means anything higher can result in a DUI arrest in the Keystone State. If you have been arrested and face DUI charges in the state of Pennsylvania, you might be wondering about how serious your situation is, including whether or not you face jail time, license suspension, fines, and other consequences of a DUI in PA.

Here are the most frequently asked questions about DUIs in Pennsylvania, answered.

What Is the Punishment for DUI in PA?

Unlike other states, you don’t receive points on your license for a DUI in the state of Pennsylvania. Instead, a DUI in PA can result in license suspension, jail time, and/or fines. Depending on your situation, you might also be required to attend alcohol safety school and could also receive probation. Ignition interlock devices might also be required by law, especially if it is your second offense. Second-offense DUIs can also result in house arrest, ordered treatment, and prison time.

Is a DUI a Felony in Pennsylvania?

For the most part, a DUI is not considered a felony in Pennsylvania. With that said, there is a possibility of a felony in situations of serious injury or death. If your BAC is between .08% and .099%, you receive an ungraded misdemeanor for the second offense and a 2nd-degree misdemeanor for the third offense and subsequent offenses. People with a BAC between 0.10% and 0.159% or minors with a 0.2% BAC receive an ungraded misdemeanor for the first and second offenses and a 1st-degree misdemeanor for the third and subsequent offenses. Those with a 0.16% BAC or higher receive an ungraded misdemeanor for the first and second offenses and a 1st-degree misdemeanor for the third and subsequent offenses.

Do You Lose Your License Immediately After a DUI in PA?

This depends on your situation, as well as your BAC. In general, those of drinking age with a BAC between 08% and .099% do not receive a license suspension on their first offense. However, that changes for second, third, and subsequent offenses. Depending on the number of offenses, those with a BAC between 0.10% and 0.159% or minors with a 0.2% BAC can receive a license suspension of one year to 18 months, as do those with a BAC of 0.16%.

How Long Is Your License Suspended for When You Get a DUI in PA?

Those of drinking age with a BAC between 08% and .099% receive a one-year license suspension for their second and subsequent offenses. People with a BAC between 0.10% and 0.159% or minors with a 0.2% BAC face a one-year license suspension upon their first and second offenses and an 18-month suspension for third and subsequent offenses. Individuals with a 0.16% BAC or higher receive a one-year suspension for their first offense and an 18-month suspension for any additional offenses.

Can a DUI Be Dismissed in PA?

In some situations, a DUI can be dismissed in Pennsylvania. If you believe police did not follow proper procedures at the time of your DUI arrest or that there was not sufficient probable cause to pull you over, working with an experienced DUI attorney is an excellent idea. While these might be common reasons why a DUI case is dismissed in Pennsylvania there may be other situations that warrant dismissal and a DUI attorney can help you in these cases.

How Much Does First Offense DUI Cost in PA?

If you are of drinking age and your BAC is between .08% and .099%, your first offense can cost around $300. Those with a BAC between 0.10% and 0.159% or minors with a 0.2% BAC, can expect to pay anywhere between $500 and $5,000 for a first-offense DUI, depending on the situation. A first offense for a BAC of 0.16% or higher can cost between $1,000 to $5,000 for a first offense.

From there, the fine for a DUI in Pennsylvania goes up, according to the situation and number of offenses. People in the 0.10% to 0.159% BAC category can pay up to $2,500 for a second offense and up to $5,000 for subsequent offenses. If you’re in the 0.10% and 0.159% BAC category or are a minor with a 0.2% BAC, you face fines between $750 and $5,000 for your second offense and $1,500 to $10,000 for subsequent offenses. And, those with a 0.16% BAC or higher can expect to pay a minimum of $1,500 for a second offense and a minimum of $2,500 for all subsequent offenses.

What Is a High-Tier DUI in PA?

Typically, a high-tier DUI in Pennsylvania includes those offenses with a 0.16% or higher BAC. As a result, even a first offense can have costly consequences, including high fines, license suspension, up to five years of prison time, and house arrest. With that said, consequences can depend on how many previous DUIs you have on your record—including lower-tier DUIs—as well as other factors. In these cases, working with an experienced DUI attorney is essential to receiving the best possible outcome for your charges.

If you have questions regarding this issue, or any dui-related issue, please contact our attorneys.