Penalties for General Impairment/First Tier
In Pennsylvania, a driver is “generally impaired” if his or her BAC level is at least .08 but less than .10 or where the blood has been suppressed but the Commonwealth can still prove impairment. Those who are convicted of DUI while generally impaired face the following penalties:
- A first-time offender must undergo a mandatory minimum term of six months probation; pay a $300 fine; attend an alcohol highway safety school; and comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
- A second-time offender will be imprisoned for at least five days; must pay a fine between $300 and $2,500; must attend an alcohol highway safety school; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
- For a third or subsequent violation, the offender will be imprisoned for at least 10 days; must pay a fine between $500 and $5,000; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
Penalties for High Rate of Blood Alcohol/Second Tier
A driver has a “high rate of blood alcohol” when the individual’s alcohol concentration is at least .10 but less than .16. Those who are convicted of DUI with a high rate of alcohol face the following penalties:
- A first-time offender must undergo a mandatory minimum prison term of not less than 48 hours; must pay a fine between $500 and $5,000; must attend an alcohol highway safety school; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
- A second-time offender will be imprisoned for at least 30 days; must pay a fine between $750 and $5,000; must attend an alcohol highway safety school; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
- A third-time offender will be imprisoned for at least 90 days; must pay a fine between $1,500 and $10,000; and must comply with all drug and alcohol treatment imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
- For a fourth or subsequent violation, the offender will be imprisoned for at least one year; must pay a fine between $1,500 and $10,000; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
Penalties for Highest Rate of Blood Alcohol/Third Tier
A driver has the “highest rate of blood alcohol” when the individual’s alcohol concentration is .16 or higher or there are illegal or unprescribed drugs in their system (including marijuana THC and metabolite). Penalties include:
- A first-time offender must undergo a mandatory minimum term of imprisonment of not less than 72 hours; must pay a fine between $1,000 and $5,000; must attend an alcohol highway safety school; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
- A second-time offender will be imprisoned for at least 90 days; must pay a fine of at least $1,500; must attend an alcohol highway safety school; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
- For a third or subsequent violation, the offender will be imprisoned for at least one year; must pay a fine of at least $2,500; and must comply with all drug and alcohol treatment imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
Special Penalties for Drunk Driving with a High Rate of Blood Alcohol that Causes Bodily Injury, Vehicle Damage, or Property Damage
When a drunk driver operates a vehicle with a high rate of alcohol and causes bodily injury, vehicle damage, or property damage, the following penalties apply:
- A first-time offender must undergo a mandatory minimum prison term of not less than 48 hours; must pay a fine between $500 and $5,000; must attend an alcohol highway safety school, and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
- A second-time offender will be imprisoned for at least 30 days; must pay a fine between $750 and $5,000; must attend an alcohol highway safety school; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
- A third-time offender will be imprisoned for at least 90 days; must pay a fine between $1,500 and $10,000; and must comply with all drug and alcohol treatment imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
- For a fourth or subsequent violation, the offender will be imprisoned for at least one year; must pay a fine between $1,500 and $10,000; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.