This post is simply a breakdown of Pennsylvania DUI law as it appears on the books. The following is only meant as an overview of Pennsylvania law.

Pennsylvania DUI Law

In Pennsylvania, drivers are considered impaired if they are found to have .08 percent blood-alcohol content or higher. This number is the national standard for impairment, but blowing .08 on a breathalyzer test does not mean that you are intoxicated at an illegal level.

Everything from mouthwash to incompetent test administration has been found to skew the results of breathalyzer tests.

For commercial vehicle drivers, Pennsylvania law halves the tolerable BAC level to .04 percent. For drivers under the age of 21, there is a zero-tolerance policy. Even a .005 BAC percentage would be considered a traffic offense.

Pennsylvania has three levels of BAC. These three levels vary in punishment against one another and vary in punishment based on the number of offenses on a particular driver's record.

Pennsylvania's three BAC levels are:

  • 0.08 to 0.099
  • 0.1 to 0.159
  • 0.16 and above

For example, if it was your first offense and you were tested at 0.13 BAC, you would face:

  • Two days to six months in jail
  • $500 to $5,000 in fines
  • 12 months without a license, but with the possibility of obtaining a "limited occupational license" after 60 days

If you blew the exact same BAC level, .13, but it was your second offense, you would face:

  • 30 days to six months in jail
  • $750 to $5,000 in fines
  • 12 months without a license

If it was your third offense, you would face:

  • 90 days to five years in jail
  • $1,500 to $10,000 in fines
  • 18 months without a valid driver's license

As you can see, once you get into a multiple-DUI or DWI situation, it is essential that you seek legal assistance immediately. If you test at more than .16 BAC and it's your third DUI arrest, you face a minimum of one year in jail.

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