The 3 Levels are:
General Impairment (.08 to .099% BAC)
High BAC (.10 to .159% BAC)
Highest BAC (.16% and higher)
Note: Under the 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 show the penalties for each of the BAC level:
Level One (Undetermined BAC, .08 to .099% BAC)
No prior DUI offenses
Upgraded Misdemeanor
Up to 6 months probation
$300 fine
Alcohol highway safety school
Treatment when ordered
With 1 prior DUI offense
Upgraded Misdemeanor
12 month license suspension
5 days to 6 months jail time
$300 to $2,500 fine
Alcohol highway safety school
Treatment when ordered
1 year ignition interlock
2 or more prior DUI offenses
2nd degree misdemeanor
12 month license suspension
10 days to 2 years prison
$500 to $5,000 fine
treatment when ordered
1 year ignition interlock
High BAC penalties (.10 to .159% BAC)
No prior DUI offenses
Upgraded misdemeanor
12 month license suspension
48 hours to 6 months prison
$500 to $5,000 fine
Alcohol highway safety school
Treatment when ordered
1 prior DUI offense
Upgraded misdemeanor
12 month suspension
30 days to 6 months prison
$750 to $5,000 fine
Alcohol highway safety school
Treatment when ordered
1 year ignition interlock
2 or more prior DUI offenses
1st degree misdemeanor
18 month license suspension
90 days to 5 years prison
$1,500 to $10,000 fine
Treatment when ordered
1 year ignition interlock
3 or more prior DUI offenses
1st degree misdemeanor
18 month license suspension
1 to 5 years prison
$1,500 to $10,000 fine
Treatment when ordered
1 year ignition interlock
High BAC penalties (.10 to .159% BAC)
No prior DUI offenses
Ungraded misdemeanor
12 month license suspension
48 hours to 6 months prison
$500 to $5,000 fine
Alcohol highway safety school
Treatment when ordered
1 prior DUI offense
Ungraded misdemeanor
12 month suspension
30 days to 6 months prison
$750 to $5,000 fine
Alcohol highway safety school
Treatment when ordered
1 year ignition interlock
2 or more prior DUI offenses
1st degree misdemeanor
18 month license suspension
90 days to 5 years prison
$1,500 to $10,000 fine
Treatment when ordered
1 year ignition interlock
3 or more prior DUI offenses
1st degree misdemeanor
18 month license suspension
1 to 5 years prison
$1,500 to $10,000 fine
Treatment when ordered
1 year ignition interlock
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The following outlines specific components of the law.
Accelerated Rehabilitative Disposition (ARD) Requires courts to impose suspensions for BAC ARDs based on the following BAC ranges:
Less than .10% - no suspension,
.10% to less than .16 - 30 day suspension, or
.16% and above - 60 day suspension
License Suspensions
Suspensions will be imposed as follows:
BAC below .10% and incapable of safe driving:
No suspension for first offense if the driver meets certain criteria;
12 month license suspension for second or subsequent offense.
BAC greater than or equal to .10% and less than .16%:
12 month license suspension for first and second offense.
18 month suspension for third or subsequent offense.
BAC greater than or equal to .16%:
12 month license suspension for first offense.
18 month suspension for second or subsequent offense.
Out-of-state DUI convictions:
No suspension for first offense; 12 month license
suspension for second or subsequent offense.
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DUI Treatment and Evaluation
Treatment and evaluation processes are geared to rehabilitation. -Effective - Phased-In Through 2009
Ignition Interlock
Drivers who receive a second or subsequent DUI violation on or after September 30, 2003, can no longer serve an additional one year suspension in lieu of obtaining an ignition interlock device. Drivers are required to install ignition interlock on all vehicles owned (including leased) before driving privileges can be restored.
Additionally, the following exemptions and penalties have been added:
Financial Hardship Exemption: Drivers may apply for an exemption from the requirement to install the ignition interlock device on all of their vehicles. If the exemption is granted, ignition interlock installation will only be required on one vehicle.
Employment Exemption: Under certain circumstances, ignition interlock restricted drivers may operate employer owned vehicles but only in the course and scope of employment. The employee must notify the employer of the ignition interlock restriction and carry proof of employer notification on a PennDOT form. The employer owned vehicle cannot be a school bus/vehicle or large passenger vehicle.
Ignition Interlock Violations: Individuals convicted of driving without or tampering with the ignition interlock device will have their ignition interlock period extended 12 month from the date of conviction for the first offense and will have their driving privileges suspended for 12 months for the second or subsequent offenses. Upon restoration they must comply with ignition interlock for 12 months. Individuals, whose driving privileges are suspended during the ignition interlock period for a non-ignition interlock violation, must complete the ignition interlock period upon restoration.
Occupational Limited Licenses (OLL's) First time DUI offenders may be eligible for an OLL after serving 60 days of their suspension. Individuals whose licenses are suspended for 18 months (for DUI or refusing breath or chemical testing) and have no more than one prior offense may be eligible for an OLL with an ignition interlock after serving 12 months of their suspension. In addition, first time underage drinking violators may be eligible for an OLL.
Expungement of Accelerated Rehabilitation Disposition (ARD) Records PennDOT will automatically expunge ARD records after 10 years providing a person's operating privileges were not revoked as a habitual offender and/or the person was not a commercial driver at the time of the violation.
Credit (Suspension)
Individuals suspended for driving a vehicle not equipped with an ignition interlock device or driving under a DUI-related suspension, with a BAC of .02% or greater cannot receive credit for their suspension until jail time has been served.
Implied Consent/Breath or Chemical Testing Suspensions for individuals who refuse to submit to breath or chemical testing may be increased. Breath or chemical testing may now be required for individuals who are arrested for driving under a DUI-related suspension or driving without an ignition interlock device.
* "Per se" is a Latin phrase that means "by itself." Evidence that a person drove, operated or was in control of a motor vehicle with a BAC of .08% or higher is enough by itself to convict the person of DUI. A person with BAC less than .08% might still be convicted of DUI is there is evidence that he or she imbibed enough alcohol to make him or her incapable of safely driving, operating or being in control of a motor vehicle.
