New DUI Law Raises Legal Questions

As of February 1, 2004, Pennsylvania radically changed its DUI law. The law and consequences are now guided by the results of the Blood Alcohol Level test (BAC) results.

There are now three categories relating to the BAC levels: General Impairment .08-.099, High Rate Impairment .10 - .159, and Highest Rate Impairment .16 and higher.

You will be categorized at the highest rate if you refuse to take a BAC test.

All categories require the completion of a Court Reporting Network (CRN) evaluation; the first and second offenders require Alcohol Highway Safety School. (AHSS). The first offense with a BAC .16 or higher and all subsequent offenses require a mandatory Drug and Alcohol (D&A) assessment and treatment. All second and subsequent offense requires the installation of an Ignition Interlock System.

See DUI Penalty Chart (link to chart)


FIRST OFFENSE (NO PRIOR PA DUI OFFENSES WITHIN THE LAST 10 YEARS)

BAC is .08 to .099. This is an ungraded misdemeanor with a 6 month maximum probation and a $300.00 fine. Required CRN, AHSS and possible D&A. There is no loss of license and no jail time with this particular category. You have no right to a jury trial.

BAC is .10 to .159. This is an ungraded misdemeanor with a mandatory 48 hour imprisonment up to a possible 6 months and a $500.00 to $5,000.00 fine. Required CRN, AHSS and possible D&A. The license suspension is 12 months. However there is a possibility to get an Occupational Limited License (OLL) after serving a hard 2 month suspension. You have no right to a jury trial.

BAC is .16 or higher or refusal to give a blood or breath sample. This is ungraded misdemeanor with a mandatory 72 hour imprisonment up to a possible 6 months and a $1,000.00 to $5,000.00 fine. Required CRN, AHSS and mandatory full D&A. The license suspension is 12 months. Also possibility for OLL after serving hard 2 months suspension. You have no right to a jury trial.

SECOND OFFENSES

BAC is .08 to .099. This is an ungraded misdemeanor with a mandatory 5 days imprisonment 6 month maximum jail sentence and a $300.00 to $2,500.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months. You have no right to a jury trial.

BAC is .10 to .159. This is ungraded misdemeanor with a mandatory 30 days imprisonment 6 month maximum jail sentence and a $750.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months. You have no right to a jury trial.

BAC is .16 or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 90 days imprisonment 5 year maximum jail sentence and a $ 1,500.00 to $10,000.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.

THIRD OFFENSES

BAC is .08 to .099. This is graded as misdemeanor of the Second Degree with a mandatory 10 days imprisonment 2 year maximum jail sentence and a $500.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC is .10 to .159. This is graded as a misdemeanor of the First Degree with a mandatory 90 days imprisonment 5 year maximum jail sentence and a $1,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC is .16 or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $2,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

FOURTH OFFENSES
BAC is .08 to .099. This is graded as misdemeanor of the Second Degree with a mandatory 10 days imprisonment 2 year maximum jail sentence and a $500.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC is .10 to .159. This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $1,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.

BAC is .16 or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 1 year imprisonment 5 year maximum jail sentence and a $ 2,500.00 to $10,000.00 fine. The license suspension is for 18 months. Required CRN, D&A and Ignition Interlock for 12 months.