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Understanding the DUI Penalty Tiers in Pennsylvania

October 20, 2016 By Mark Pinnie

DUI Penalty

If you’ve been stopped, arrested or charged for drunk driving in Pennsylvania, you’ll soon discover that the sanctions you face will depend on a number of factors, including prior convictions. In addition, Pennsylvania recognizes different tiers, based on the results of a blood alcohol test.

The Pennsylvania DUI Penalty Tiers

As part of an effort to crack down on drinking and driving in Pennsylvania, the state legislature passed a new law in 2003, lowering the blood alcohol content level that constitutes impaired driving, from 10% to 8%. That legislation also laid out different tiers, with corresponding penalties:

  • General impairment — If your blood alcohol content is less than .10 (10%), you will be considered generally impaired. This charge can result in up to six months probation, as well as a $300 fine, and you will be required to attend an alcohol safety school, if it’s your first conviction.
  • High rate of alcohol — If you blow anywhere from a .10 to a .159, you can be charged with having a “high rate of alcohol.” If you are under the age of 21, you can face the same charge if your BAC is .02 (2%) or higher. The level is also lower for commercial vehicle operators and people who cause personal or property damage while driving under the influence. This level involves a mandatory jail sentence of at least 48 hours and a 12 months suspension of driving privileges, even if it’s your first offense.
  • Highest rate of alcohol — If your BAC is .16 or above, you face a mandatory 3 day jail term and will lose your license for a year, even on a first offense. If you refuse to submit to a blood test, you will be charged with having the highest rate of alcohol.

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At Barnard, Mezzanotte, Pinnie, Seelaus & Kraft LLP, we have provided thorough and effective legal counsel to clients throughout Delaware County in Pennsylvania since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or 302-594-4535 or contact us online

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