DUI Driving Laws in Pennsylvania

Driving While Intoxicated in Pennsylvania

DUI driving laws in Pennsylvania changed over time and today represent a formidable deterrent to drunk driving. The changes began in 2004 and continue to the present time. Additional laws are pending in the legislature, that will make driving drunk a poor choice. Let’s examine the DUI driving laws in 2021.

Drunk Driving Laws Change in 2004

The first major revision began in 2004 when the Pennsylvania legislature lowered the legal limit of blood alcohol content from 0.10 to 0.08. Penalties for drunk driving also changed so that repeat offenders were penalized more than first offenders. In addition, a tiered approach to driving under the influence of alcohol was added. This differentiated between drivers who had a general impairment level, a high blood alcohol concentration and the highest BAC level.  

Three Tiers in New DUI Driving Laws

TierGeneral ImpairmentHigh BAC LevelHighest BAC Level
BAC level0.08 to 0.0990.10 to 0.159 0.16 and higher
Penalties no priorsUngraded misdemeanor Probation up to 6 mos.
$300 fine
Alcohol safety school
Treatment for alcohol abuse
Ungraded misdemeanor
12 mos.
license suspension
48 hrs to 5 mos. jail time
$500 to $5,000 fine
Alcohol safety school
Treatment for alcohol abuse
Ungraded misdemeanor
12 mos. license suspension
72 hrs to 6 mos. jail time
$1,000 to $5,000 fine
Alcohol safety school
Treatment for alcohol abuse
Penalties 1 priorUngraded misdemeanor
License suspended 12 mos.
5 days to 6 mos. jail time
$300 to $2,500 fine
Alcohol highway safety school
Treatment for alcohol abuse
Ignition interlock – 1 year
Ungraded misdemeanor
License suspended 12 mos.
30 days to 6 mos. jail time
$750 to $2,500 fine
Alcohol safety school
Treatment for alcohol abuse
Ignition interlock – 1 year
1st-degree misdemeanor
18 mos. license suspension
90 days to 5 yrs. jail time
$1,500 to $10,000 fine
Alcohol safety school
Treatment for alcohol abuse
Ignition interlock – 1 year
Penalties – 2 or more priors2nd-degree misdemeanor
License suspended 12 mos.
10 days to 2 yrs. jail time
$500 to $5,000 fine
Treatment for alcohol abuse
Ignition interlock – 1 year
1st-degree misdemeanor
License suspended 18 mos.
90 days to 5 yrs. jail time
$1,500  to $10,000 fine
Treatment for alcohol abuse
Ignition interlock – 1 year
1st-degree misdemeanor
18 mos. license suspension
1 to 5 yrs. jail time
$2,500 to $10,000 fine
Treatment for alcohol abuse
Ignition interlock – 1 year
Penalties – 3 or more priors1st-degree misdemeanor
License suspended 18 mos.
1 to 5 yrs. jail time
$1,500  to $10,000 fine
Treatment for alcohol abuse
Ignition interlock – 1 year
Penalties for drunk driving in Pennsylvania

Accelerated Rehabilitative Disposition (ARD) Program

This program is uniquely geared toward first offenders who have no prior criminal convictions or attended previous ARD programs. The offender’s case is removed from the system, freeing up the courts and eliminating the cost of trials. Offenders are chosen based on their ability to be treated and rehabilitated. 

Those who wish to enter the ARD program need to submit an application to the District Attorney’s Office 30 days prior to the preliminary hearing. The applicant waives their preliminary hearing and formal arraignment when they apply. After this, everyone involved in the case from police officers to victims will have the opportunity to comment on the application.

If the application is approved by a common pleas judge and the applicant enters the ARD program, he/she will be placed on probation. He/she must pay any fines and do court-ordered community service. Once the program is successfully completed, the individual can ask the court to expunge their record. 

Vehicular Homicide While Driving Under the Influence of Alcohol

In accordance with Pennsylvania DUI Driving Laws, a driver who kills another person while inebriated faces stern penalties. This is a second-degree felony and is punishable by a minimum of three years in prison. However, the judge can extend the sentence up to 10 years. If more than one person was killed in the accident, a separate homicide charge for each can be filed. A fine of $25,000 can also be levied per homicide. 

Deana’s Law

Deana’s Law (Senate Bill 773) is making its way through the Pennsylvania legislature. This DUI driving law is named after Deana Eckman who was killed in February 2019 by a drunk driver. Deana and her husband Chris were driving home in Upper Chichester Township and struck by an impaired driver who had five prior drunk driving convictions. This accident led to his sixth DUI charge and conviction. 

Pennsylvania State Senator Tom Killion proposed Deana’s Law to keep the public safe from repeat offenders. This proposed change to DUI driving laws increases both jail time and penalties and makes jail sentences run consecutively. It also looks to change certain parole board policies related to drunk drivers. In 2020, the bill overwhelmingly passed the state senate and is slated to go to the house with amendments.

DUI Driving Laws – Travis Law Firm

If you need the legal insight our attorneys can provide, call us at (814) 455-3839. You can also reach out to us by using our contact form. Our lawyers can answer your question and advise you on what options are open to you. We are here to help you through this difficult time.

Photo Attribution: https://pixabay.com/photos/justice-statue-lady-justice-2060093/