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Pennsylvania DUI Attorney
Looking for a Pennsylvania Lawyer specializing in drunk driving, DUI or DWI cases?

Have you been charged with drunk driving in Pennsylvania?
Received a Driving Under the Influence driving charge in Philadelphia?
Cited for Driving While Intoxicated (DWI) within Pennsylvania?
Want to learn more about your options if charged with DUI?




Pennsylvania state flagIf you recently received DUI or DWI within the state of Pennsylvania, it's recommended that you speak with a lawyer who specializes in defending a drunk driving case within the state of Pennsylvania. Cities where the most DUI where issued include Philadelphia, Pittsburgh, Scanton, Allentown and Bethlehem, Pennsylvania. Here's more information about Pennsylvania (PA) DUI/DWI laws.


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Commonwealth of Pennsylvania DUI Law Overview

 
§3802. Driving under influence of alcohol or controlled substance.

(a) General impairment. -

     (1) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.

     (2) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .08% but less than .10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

     (b) High rate of alcohol. - An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .10% but less than .16% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

     (c) Highest rate of alcohol. - An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is .16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

     (d) Controlled substances. - An individual may not drive, operate or be in actual physical control of the movement of a vehicle under any of the following circumstances:

     (1) There 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), 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).

     (2) The 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.

     (3) The individual is under the combined influence of alcohol and 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.

     (4) The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. §7303 (relating to sale or illegal use of certain solvents and noxious substances).

     (e) Minors. - A minor may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the minor's blood or breath is .02% or higher within two hours after the minor has driven, operated or been in actual physical control of the movement of the vehicle.

     (f) Commercial or school vehicles. - An individual may not drive, operate or be in actual physical control of the movement of a commercial vehicle, school bus or school vehicle in any of the following circumstances:

     (1) After the individual has imbibed a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is:

     (i) .04% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a commercial vehicle other than a school bus or a school vehicle.

     (ii) .02% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a school bus or a school vehicle.

     (2) After the individual has imbibed a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.

     (3) While the individual is under the influence of a controlled substance or combination of controlled substances, as defined in section 1603 (relating to definitions).

     (4) While the individual is under the combined influence of alcohol and a controlled substance or combination of controlled substances, as defined in section 1603.

     (g) Exception to two-hour rule. - Notwithstanding the provisions of subsection (a), (b), (c), (e) or (f), where alcohol or controlled substance concentration in an individual's blood or breath is an element of the offense, evidence of such alcohol or controlled substance concentration more than two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle is sufficient to establish that element of the offense under the following circumstances:

     (1) where the Commonwealth shows good cause explaining why the chemical test could not be performed within two hours; and

     (2) where the Commonwealth establishes that the individual did not imbibe any alcohol or utilize a controlled substance between the time the individual was arrested and the time the sample was obtained.

 

§3804. Pennsylvania Drunk Driving Penalties.

(a) General impairment. - An individual who violates section 3802(a)(relating to driving under influence of alcohol or controlled substance) shall be sentenced as follows:

     (1) For a first offense, to:

     (i) undergo a period of probation not to exceed six months;

     (ii) pay a fine of $300;

     (iii) attend an alcohol highway safety school approved by the department; and

     (iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 (relating to drug and alcohol assessments) and 3815 (relating to mandatory sentencing).

     (2) For a second offense, to:

     (i) undergo imprisonment for not less than five days nor more than six months;

     (ii) pay a fine of not less than $300 nor more than $2,500;

     (iii) attend an alcohol highway safety school approved by the department; and

     (iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

     (3) For a third or subsequent offense, to:

     (i) undergo imprisonment of not less than ten days nor more than two years;

     (ii) pay a fine of not less than $500 nor more than $5,000; and

     (iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

     (b) High rate of blood alcohol; minors; commercial vehicles and school buses and school vehicles; accidents. - Except as set forth in subsection (c), an individual who violates section 3802(a)(1) where there was an accident resulting in bodily injury, serious bodily injury or death of any person or damage to a vehicle or other property or who violates section 3802(b), (e) or (f) shall be sentenced as follows:

     (1) For a first offense, to:

     (i) undergo imprisonment of not less than 48 consecutive hours nor more than six months;

     (ii) pay a fine of not less than $500 nor more than $5,000;

     (iii) attend an alcohol highway safety school approved by the department; and

     (iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

     (2) For a second offense, to:

     (i) undergo imprisonment of not less than 30 days nor more than six months;

     (ii) pay a fine of not less than $750 nor more than $5,000;

     (iii) attend an alcohol highway safety school approved by the department; and

     (iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

     (3) For a third offense, to:

     (i) undergo imprisonment of not less than 90 days nor more than five years;

     (ii) pay a fine of not less than $1,500 nor more than $10,000; and

     (iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

     (4) For a fourth or subsequent offense, to:

     (i) undergo imprisonment of not less than one year nor more than five years;

     (ii) pay a fine of not less than $1,500 nor more than $10,000; and

     (iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

     (c) Incapacity; highest blood alcohol; controlled substances. - An individual who violates section 3802(a)(1) and refused testing of blood or breath or an individual who violates section 3802(c) or (d) shall be sentenced as follows:

     (1) For a first drunk driving offense, to:

     (i) undergo imprisonment of not less than 72 consecutive hours nor more than six months;

     (ii) pay a fine of not less than $1,000 nor more than $5,000;

     (iii) attend an alcohol highway safety school approved by the department; and

     (iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

     (2) For a second offense, to:

     (i) undergo imprisonment of not less than 90 days nor more than five years;

     (ii) pay a fine of not less than $1,500;

     (iii) attend an alcohol highway safety school approved by the department; and

     (iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

     (3) For a third or subsequent offense, to:

     (i) undergo imprisonment of not less than one year nor more than five years;

     (ii) pay a fine of not less than $2,500; and

     (iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.




DUI lawyer


Commonwealth of Pennsylvania DUI Law Overview

 
§3802. Driving under influence of alcohol or controlled substance.

(a) General impairment. -

     (1) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.

     (2) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .08% but less than .10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

     (b) High rate of alcohol. - An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least .10% but less than .16% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

     (c) Highest rate of alcohol. - An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is .16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

     (d) Controlled substances. - An individual may not drive, operate or be in actual physical control of the movement of a vehicle under any of the following circumstances:

     (1) There 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), 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).

     (2) The 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.

     (3) The individual is under the combined influence of alcohol and 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.

     (4) The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. §7303 (relating to sale or illegal use of certain solvents and noxious substances).

     (e) Minors. - A minor may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the minor's blood or breath is .02% or higher within two hours after the minor has driven, operated or been in actual physical control of the movement of the vehicle.

     (f) Commercial or school vehicles. - An individual may not drive, operate or be in actual physical control of the movement of a commercial vehicle, school bus or school vehicle in any of the following circumstances:

     (1) After the individual has imbibed a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is:

     (i) .04% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a commercial vehicle other than a school bus or a school vehicle.

     (ii) .02% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a school bus or a school vehicle.

     (2) After the individual has imbibed a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.

     (3) While the individual is under the influence of a controlled substance or combination of controlled substances, as defined in section 1603 (relating to definitions).

     (4) While the individual is under the combined influence of alcohol and a controlled substance or combination of controlled substances, as defined in section 1603.

     (g) Exception to two-hour rule. - Notwithstanding the provisions of subsection (a), (b), (c), (e) or (f), where alcohol or controlled substance concentration in an individual's blood or breath is an element of the offense, evidence of such alcohol or controlled substance concentration more than two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle is sufficient to establish that element of the offense under the following circumstances:

     (1) where the Commonwealth shows good cause explaining why the chemical test could not be performed within two hours; and

     (2) where the Commonwealth establishes that the individual did not imbibe any alcohol or utilize a controlled substance between the time the individual was arrested and the time the sample was obtained.

 

§3804. Pennsylvania Drunk Driving Penalties.

(a) General impairment. - An individual who violates section 3802(a)(relating to driving under influence of alcohol or controlled substance) shall be sentenced as follows:

     (1) For a first offense, to:

     (i) undergo a period of probation not to exceed six months;

     (ii) pay a fine of $300;

     (iii) attend an alcohol highway safety school approved by the department; and

     (iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 (relating to drug and alcohol assessments) and 3815 (relating to mandatory sentencing).

     (2) For a second offense, to:

     (i) undergo imprisonment for not less than five days nor more than six months;

     (ii) pay a fine of not less than $300 nor more than $2,500;

     (iii) attend an alcohol highway safety school approved by the department; and

     (iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

     (3) For a third or subsequent offense, to:

     (i) undergo imprisonment of not less than ten days nor more than two years;

     (ii) pay a fine of not less than $500 nor more than $5,000; and

     (iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

     (b) High rate of blood alcohol; minors; commercial vehicles and school buses and school vehicles; accidents. - Except as set forth in subsection (c), an individual who violates section 3802(a)(1) where there was an accident resulting in bodily injury, serious bodily injury or death of any person or damage to a vehicle or other property or who violates section 3802(b), (e) or (f) shall be sentenced as follows:

     (1) For a first offense, to:

     (i) undergo imprisonment of not less than 48 consecutive hours nor more than six months;

     (ii) pay a fine of not less than $500 nor more than $5,000;

     (iii) attend an alcohol highway safety school approved by the department; and

     (iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

     (2) For a second offense, to:

     (i) undergo imprisonment of not less than 30 days nor more than six months;

     (ii) pay a fine of not less than $750 nor more than $5,000;

     (iii) attend an alcohol highway safety school approved by the department; and

     (iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

     (3) For a third offense, to:

     (i) undergo imprisonment of not less than 90 days nor more than five years;

     (ii) pay a fine of not less than $1,500 nor more than $10,000; and

     (iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

     (4) For a fourth or subsequent offense, to:

     (i) undergo imprisonment of not less than one year nor more than five years;

     (ii) pay a fine of not less than $1,500 nor more than $10,000; and

     (iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

     (c) Incapacity; highest blood alcohol; controlled substances. - An individual who violates section 3802(a)(1) and refused testing of blood or breath or an individual who violates section 3802(c) or (d) shall be sentenced as follows:

     (1) For a first drunk driving offense, to:

     (i) undergo imprisonment of not less than 72 consecutive hours nor more than six months;

     (ii) pay a fine of not less than $1,000 nor more than $5,000;

     (iii) attend an alcohol highway safety school approved by the department; and

     (iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

     (2) For a second offense, to:

     (i) undergo imprisonment of not less than 90 days nor more than five years;

     (ii) pay a fine of not less than $1,500;

     (iii) attend an alcohol highway safety school approved by the department; and

     (iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

     (3) For a third or subsequent offense, to:

     (i) undergo imprisonment of not less than one year nor more than five years;

     (ii) pay a fine of not less than $2,500; and

     (iii) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.



Cities within Pennsylvania (PA) known to Enforce Drunk Driving
DUI or DWI laws including:

Allentown

Altoona

Back Mountain

Baldwin

Bethel Park

Bethlehem

Bloomsburg

Butler

Carlisle

Chester

Colonial Park

Drexel Hill

Easton

Erie

Fernway

Fullerton

Greensburg

Hanover

Harrisburg

Hazleton

Johnstown

King of Prussia

Lancaster

Lansdale

Lebanon

Levittown

McCandless Township

McKeesport

Meadville

Mount Lebanon

Municipality of Monroeville

Municipality of Murrysville

New Castle

New Kensington

Norristown

Penn Hills

Philadelphia

Pittsburgh

Plum

Pottstown

Radnor Township

Reading

Ross Township

Scranton

Shaler Township

Sharon

Springfield

State College

Upper St. Clair

Washington

West Chester

West Mifflin

West Norriton

Wilkes-Barre

Wilkinsburg

Williamsport

Willow Grove

York





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