Drunk Driving in Pennsylvania - PA DUI Laws

Drunk driving in Pennsylvania can also be referred to as driving under the influence (DUI), driving while impaired (DWI) or the new driving after imbibing (DAI). PA DUI Laws are quite severe and you need a criminal defense attorney who specializes in drunk driving defense to assist you.

PA DUI laws say that the arrest will trigger two cases. The first action is the criminal court case, with a variety of potential consequences, including jail, fines, mandatory alcohol education programs, loss of driving privileges, and more. The second case involves the Pennsylvania Department of Transportation (PennDot) trying to take away the driver’s license in a separate action.

If caught, the PA DUI laws specify that your punishment will be related to how much alcohol is in your system. The lowest level is enacted when you’re caught with a blood alcohol level (BAC) of .08 to .099. The intermediate level is .1 to .159. Anything over .16 is punished at the most severe level.

Additionally, the PA DUI laws provide for different punishments based on whether this is your first drunk driving arrest. Each subsequent arrest brings with it more severe penalties. The DUI arrests are calculated within the last 10 years.

For instance, a first time DUI with a .08 BAC brings 6 months maximum probation, $300 fine, mandatory attendance at Alcohol Highway Safety School, and a CRN evaluation to determine whether you have a drug or alcohol problem. A third time offense with .16 BAC will invoke one year minimum imprisonment, a $2,500 minimum fine, 18 month license suspension, mandatory 1 year ignition interlock, CRN evaluation under PA DUI Laws.

On a first time DUI, you do not have the right to a jury trial.

If you’re pulled over on suspicion of drunk driving, you have the right to refuse the breath, blood or urine test, however doing so will automatically result in a one year loss of driving privileges. This is because under Pennsylvania law, if you hold an operator’s (driver’s) license and are in physical control of a motor vehicle, you are deemed to have given implied consent to chemical tests.