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.
|
If
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.