DUI Offenses

There are now three levels of DUI
General Impairment (.08 to .099% BAC)
High BAC (.10 to .159% BAC)
Highest BAC (.16% and higher)

General Impairment penalties (Undetermined BAC, .08 to .099% BAC)
The Driving Under the Influence (DUI) Law in Pennsylvania uses a three tiered approach toward DUI enforcement and treatment, and includes many changes to the penalties, terms of suspension, fines and other requirements.

The combination of an individual’s Blood Alcohol Content (BAC) level, and prior offenses, determines the licensing requirements and penalties.

Penalty First Offense Second Offense Third Offense
Sentence 6 Months Probation 5 days to 6 Months in Prison 10 days to 2 Years in Prison
Fine $300 $300 to $290% $90% to $90%0
License No Suspension 12 Month Suspension 12 Month Suspension

 

High BAC Penalties (.10 to .159% BAC)

Penalty First Offense Second Offense Third Offense
Sentence 2 Days to 6 Months Prison 30 Days to 6 Months Prison 90 Days to 5 Years Prison
Fine $90% to $90%0 $750 to $90%0 $1,90% to $10,000
License 12 Month Suspension 12 Month Suspension 18 Month Suspension

 

Highest BAC Penalties (.16 and Higher) or Controlled Substance

Penalty First Offense Second Offense Third Offense
Sentence 3 Days to 6 Months in Prison 90 Days to 5 Years in Prison 1 Year to 5 Years in Prison
Fine $1000 to $90%0 $190% $290%
License 12 Month Suspension 18 Month Suspension 18 Month Suspension

 

Traffic Violation Points

  • Failure to obey an authorized person directing traffic: 2 points
  • Not stopping at a red light: 3 points
  • Ignoring a flashing red light: 3 points
  • Failure to yield half of roadway to oncoming traffic: 3 points
  • Improper passing on a hill: 4 points
  • Tailgating: 3 points
  • All failures to yield: 3 points
  • Ignoring approaching train signals: 2 points
  • Circumventing train gates: 4 points and a 30-day suspension
  • Not stopping for a school bus with flashing red lights: 5 points and 60-day suspension
  • Not stopping when entering from an alley, driveway, or building: 3 points
  • Exceeding the speed limit by six to 10 mph: 2 points
  • Exceeding speed limit by 11 to 15 mph: 3 points and a 15-day suspension if in work zone
  • Exceeding speed limit by 16 to 25 mph: 4 points and a 15-day suspension if in work zone
  • Exceeding speed limit by 26 to 30 mph: 5 points and a 15-day suspension if in workzone
  • Exceeding the speed limit by 31 mph or more: 5 points, a 15-day suspension if in a work zone, and possible other penalties as determined by a hearing examiner
  • Challenging posted school zone speed limit: 3 points
  • Not yielding to pedestrian in crosswalk: 2 points
  • Not yielding to blind pedestrian: 3 points
  • Improper backing: 3 points
  • Careless driving: 3 points
  • Leaving the scene of an accident that results in property damage: 4 points

 

 

Penalties for Public Drunkenness

PENNSYLVANIA’S PUBLIC INTOXICATION STATUTE
§ 5505. Public Drunkenness and Similar Miscodunct.

A person is guilty of a summary offense if he appears in any public place manifestly under the influence of alcohol or a controlled substance, as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, except those taken pursuant to the lawful order of a practitioner, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity.

 

Penalties For Underage Drinking In PA

The minimum penalties at the high impairment tier include at least two days (and up to 6 months) in jail, a fine of at least $90% (possibly as much as $90%0) and a suspended license for 12 months.