Pennsylvania DUI Laws

Driving under the influence, or DUI, is a serious offense in Pennsylvania, which has seen over 40,000 related arrests in 2021. While it is true that alcohol-related fatalities make up roughly 30% of road deaths in the state, it is important to note that impaired driving enforcement encompasses more than just alcohol impairment. Authorities also focus on identifying motorists who may be impaired by drugs, prescription medication, or a combination of both. In Pennsylvania, a driver is deemed to be “under the influence” of drugs or alcohol if they are unable to operate a vehicle properly and safely. Additionally, a conviction for DUI can be made without proof of actual impairment.

The state imposes significant financial, legal, and personal consequences on offenders, and it is crucial to understand the Keystone State’s DUI laws not only to avoid legal problems but also to ensure road safety for everyone. In this guide, we will delve into Pennsylvania’s DUI statutes, including legal limits, penalties, and important considerations if you find yourself facing a DUI charge or if you have been injured by a drunk driver.  

General DUI Laws in Pennsylvania

On September 3, 2003, Act 24 was signed into law in Pennsylvania, which lowered the legal limit of alcohol from 0.10% to 0.08%. There were also significant modifications to the penalties, suspension periods, fines, and relevant criteria under the updated Driving Under the Influence Law, which also establishes a tiered approach to DUI enforcement and treatment. Additionally, licensing requirements and penalties will be based on an individual’s blood alcohol content level and criminal history. It also emphasizes treatment rather than punishment or suspension for first-time DUI offenders.

As previously stated, the inability to safely operate a vehicle qualifies a motorist as being “under the influence” of drugs or alcohol. In Pennsylvania, it is illegal for anybody to operate or have actual physical control over a vehicle:

• While under the effects of alcohol or drugs;

• With a BAC equal to or above 0.08% (0.04% or higher for commercial drivers or 0.02% or higher for school bus drivers and drivers under 21 years old);

• With detectable levels of prohibited substances in their system.

Pennsylvania Blood Alcohol Content Law

Pennsylvania has established blood alcohol content levels at which driving is illegal. These are as follows:

• General BAC limit: Anyone with a BAC level between 0.08% and 0.10% is considered intoxicated and therefore unable to safely operate a vehicle. The test must be conducted within two hours, using either blood or breath.

• High BAC: This pertains to drivers with a BAC between 0.10% and 0.159%. The test must be taken within two hours of driving or operating a vehicle, which includes physically controlling it.

• Highest BAC: This refers to any BAC level that is 0.16% or higher. This is also considered extreme DUI, and the test must be taken within two hours of operating a vehicle.

• Underage DUI: Pennsylvania has a zero-tolerance policy for individuals younger than 21 years old. A minor is considered to be driving under the influence if their BAC is 0.02% or higher. Note that consuming alcohol is illegal for minors and can result in additional charges. 

Under Act 24, individuals such as minors, drivers of commercial vehicles, school or bus drivers, and offenders involved in accidents resulting in injury or property damage may face severe penalties, regardless of whether their BAC is actually in the high category.

Pennsylvania Implied Consent Law

The state also enforces an implied consent law, which means drivers going through the state’s roads inherently give their consent to undergo a chemical test, such as a urine, blood, or breathalyzer test, if a law enforcer suspects them of driving under the influence. 

Ignoring a police officer's request for a breathalyzer or blood test may lead to serious consequences. In Pennsylvania, refusing to take the test will result in a license suspension and other penalties, even if the driver proves their innocence against the DUI charge in criminal court. During the arrest, the police officer is obligated to inform the driver about the implications of refusing to take the test before requesting it.

Implied consent penalties may include a 12-month license suspension for the first offense and an 18-month license suspension for the second or third offense. 

Pennsylvania Marijuana DUI Law

All states have stringent laws against driving while high on controlled substances, but Pennsylvania’s are among the most restrictive. Not only is it unlawful to operate a motor vehicle while under the influence of marijuana, but it is also illegal to drive with more than 1 nanogram per milliliter of tetrahydrocannabinol or its metabolites in the blood.

Furthermore, there is no provision in the statute that allows a medical marijuana patient to use their condition as an acceptable defense to a charge of DUI. Driving with more than 1 nanogram of THC or cannabis metabolites per milliliter of blood is still considered illegal, regardless of whether the substance is medically prescribed or not. Therefore, it is important for medical marijuana patients to exercise good judgment and refrain from driving a vehicle if they have used marijuana on a given day, even if they do not experience any noticeable effects.

Pennsylvania Per Se DUI Law for Marijuana

The per se law for marijuana DUI means that prosecutors do not need to prove driving impairment. The key elements of this law include the following: 

• Unlike alcohol-related DUI cases (where the BAC must be determined within two hours of driving), in cases involving cannabinoids, it is sufficient to demonstrate their presence in the bloodstream at the time of arrest.

• Alcohol's intoxicating ingredient, ethanol, is water soluble, which means it leaves the body quickly. On the other hand, cannabinoids like THC bind with fatty cells, which means their levels in circulation stay elevated long after the euphoric effects have worn off.

• Drug testing involves a two-step process. First, the state's lab identifies the drug, and then it conducts more complex procedures to determine the drug's concentration in the blood.

Note that there are also situations requiring evidence of actual impairment. The Commonwealth must establish beyond reasonable doubt that the individual drove, operated, or controlled the physical movement of a vehicle in these situations:

• The individual is under the influence of a substance or a combination of substances, including marijuana, impairing their ability to drive safely. 

• The individual is under the influence of a combination of alcohol and substances, including marijuana and alcohol, which impairs their ability to drive safely. 

These offenses require the Commonwealth to provide evidence that the individual's use of marijuana alone or in combination with other substances or alcohol impaired their ability to drive safely.

What Are the Penalties for a DUI in Pennsylvania?

Pennsylvania’s penalties for DUI offenders vary depending on factors such as BAC, prior DUI convictions, and whether the DUI resulted in injury or death. Below is a table outlining penalties for those charged with DUI:

Those under 21 will have their license revoked for one year and face jail time of two days to six months, along with fines ranging from $500 to $5,000.

The subsequent exemptions and sanctions have also been added:

• Employment exemption: Under specific conditions, drivers with ignition interlock restrictions can drive employer-owned vehicles, but only while performing work-related duties. The employee should inform the employer about the ignition interlock restriction and keep proof of employer notification on a PennDOT form. The employer's vehicle cannot be a school bus or a large passenger vehicle.

• Financial Hardship Exemption: Drivers can request an exemption from installing ignition interlock devices on all their vehicles. If the exemption is approved, only one vehicle will need to have an ignition interlock installed.

• Violations of Ignition Interlocks: Individuals who drive without or tamper with the ignition interlock device will face consequences. For the first offense, their ignition interlock period will be extended by 12 months from the date of conviction. For a second or subsequent offense, their driving privileges will be suspended for 12 months. After restoration, they must use an ignition interlock for 12 months. Individuals whose driving privileges are suspended for a non-ignition interlock violation must still complete the ignition interlock period once their driving privileges are restored.

Pennsylvania Accelerated Rehabilitative Disposition Program for DUI Offenders

Pennsylvania's ARD program typically caters to first-time offenders. It aims to help them start anew by going through a rehabilitation program and offers them a chance to have their charges dismissed and their arrest records expunged upon program completion.

ARD applications are typically submitted during the preliminary hearing. If the case involves DUI, the offender will be required to take a self-reporting alcohol examination known as a CRN evaluation after the hearing. Alcohol Highway Safety Classes are normally 16 or 32 hours long, depending on the findings of the examination. If an alcohol treatment, such as outpatient therapy or Alcoholics Anonymous, is considered appropriate, they may also be required to attend.

If the District Attorney approves ARD, the offender does not have to admit guilt. The charges will be dismissed after completing certain conditions, like courses, treatment, community service, monetary penalties, and a probationary period. There is no required jail time, and if the charges are dismissed, a Motion for Expungement can be submitted to have the whole incident wiped out of the offender’s record.

Pennsylvania Deana’s Law for Repeat DUI Offenders

Deana Eckman, a resident of Brookhaven, Pennsylvania, was killed in Newtown Square in 2019 after being struck by a drunk motorist. She died from her injuries. When the driver was apprehended, it was determined that he had five previous DUI convictions on his driving record. Since then, the woman's parents have worked to pass Deana's Law.

The Pennsylvania Vehicle Code was amended in July 2022 to update the laws regarding driving under the influence. The amendment introduced changes to the grading and penalties for DUI offenses.

Deana's law imposes enhanced penalties for individuals who have two or more prior DUI offenses, refuse a breath or chemical test, have a BAC of 0.16% or higher, or commit a DUI involving any controlled substance. 

The penalties for DUI convictions depend on prior records. A person with two or more prior DUI offenses can be charged with a third-degree felony in Pennsylvania, which carries a maximum prison sentence of seven years. This offense can also lead to fines of up to $15,000.

Having three or more prior DUI convictions is considered a second-degree felony, where the maximum prison sentence can increase from seven to 10 years, along with monetary penalties of as much as $25,000.

In addition, offenders could experience longer license suspension or revocation periods, be required to do community service, participate in a driver retraining course, and pay fines and compensation to victims.

Pennsylvania Dram Shop Law

Under Pennsylvania's Dram Shop Law, establishments or licensed individuals can be legally liable for injuries and damages caused by an evidently intoxicated person to whom they served alcohol. 

A plaintiff must be able to demonstrate the following elements in order to prevail in a dram shop lawsuit:

• The individual being served was "visibly intoxicated."

• Their continued service of alcohol to a visibly inebriated customer contributed significantly to their victim's injuries.

The provisions of the Dram Shop Law are not limited to commercial premises and may also apply to private events. A party host who employs a caterer or bartending service, for instance, might be held liable if one of their guests consumes too much alcohol.

If an intoxicated customer causes an accident, any contracted service with a liquor license may be held liable. Additionally, the host of the party may still be held responsible for the consumption of alcohol, even without employing a caterer or bar service.

“Visibly intoxicated,” in this context, may involve any or a combination of the following:

• Verbal slurring;

• Inability to complete phrases or ideas; 

• Bloodshot or glassy eyes;

• Perceivable shifts in behavior or demeanor;

• Difficulty with fine motor functions (such as opening a wallet);

• Inability to walk properly.

How Much Can Someone Sue For a Drunk Driving Injury in Pennsylvania?

In Pennsylvania, there is no set amount that a DUI victim can get after being hurt, but an experienced lawyer can assist in getting full compensation for medical costs, missed earnings, and other out-of-pocket expenditures. Victims may also be able to seek non-economic damages for things like pain and suffering if the defendant is clearly at fault. 

Additionally, a conviction for DUI can prove beyond reasonable doubt that the offender was grossly negligent in their actions. Such defendants may face punitive damages in an automobile accident case. In Pennsylvania, these damages are not limited by any statute, meaning that the court or jury can decide to pay plaintiffs whatever amount they feel is proper.

In the event of an auto accident, those with full tort coverage are free to seek any and all compensation they may be due, including damages for their pain and suffering, while those with limited tort coverage are confined to only those damages specifically included in their policy. However, under limited tort coverage, an injured party cannot sue for pain and suffering damages unless the extent of their injuries meets specific statutory requirements. Insurance providers in the Keystone State can provide either full tort coverage, which allows policyholders to seek compensation for all damages, or restricted tort coverage, which limits compensation for intangible losses like pain and suffering. There are, however, exceptions to limited tort in Pennsylvania vehicle insurance that allow injured parties to claim for pain and suffering.

Family members of DUI-related fatal car crash victims can file wrongful death claims. This action compensates the deceased person's family for the economic losses and potential lost income. The damages include funeral and burial costs, medical expenses, estate administration fees, lost wages and benefits (which take into account the income the deceased would have provided had they still been alive), and compensation for the loss of household services, society, and comfort that the deceased provided, including emotional support, guidance, and physical care.

The Statute of Limitations in Pennsylvania

It is important to note that claims related to drunk driving, whether they are criminal or civil in nature, must be filed within two years from the date of the collision. The state has a two-year window to press criminal charges against the perpetrator following the offense. Likewise, individuals who wish to file civil legal claims for compensation have a two-year deadline to do so.

Auto insurance companies have their own deadlines for reporting accidents, so it is crucial to check with them. The case must be reported to the insurance company immediately, or they may delay or refuse the claim.

Remember that the limited tort restriction in Pennsylvania instantly converts to a full tort if the DUI driver enters a plea of guilty or is found guilty of DUI. This also occurs when a DUI offender enrolls in the ARD, or the Pennsylvania First Offenders Program. 

Resources for Folks Injured by an Impaired Driver in Pennsylvania

Mothers Against Drunk Driving - Pennsylvania

Mothers Against Drunk Driving, more commonly known as MADD, was established in 1980 by a group of grieving mothers who had suffered the loss of their children as a result of deadly car accidents caused by drunk driving. This nonprofit organization educates the public about the dangers of drunk driving and campaigns for laws and policies that are more stringent in order to reduce the problem. The group also provides opportunities for victims and survivors to share their stories through MADD’s Victim Impact Panel programs. Its helpline, 1-877-MADD-HELP, is available 24/7 for drunk-driving victims who are in need of resources or emotional assistance.

Pennsylvania’s Victims Compensation Assistance Program

This program launched by the Pennsylvania Commission on Crime and Delinquency aims to lessen the monetary burden that criminal activity places on victims and their families, allowing them to focus on healing emotionally and physically. Each year, the Victims Compensation Assistance Program processes over 12,000 new claims and distributes over $13 million to crime victims. Insurance co-pays, out-of-network expenditures, and other expenses not covered by insurance may be reimbursed by VCAP.  Some of the covered expenses include burial fees, medical bills, relocation, child care, and loss of earnings.

Pennsylvania’s Register for Offender Release Notification Program

The Pennsylvania Automatic Security Alert and Victim Information Network is a service that alerts you as a victim of crime when an offender is released, transferred, or escapes. Inmates in county lockups, state prisons, and state parole are all covered by PA SAVIN. The program also offers a chance for victims to express their emotions regarding the release of the offender. This is a method to effectively communicate their safety concerns to the decision-makers. It also allows the offender to request that specific conditions of release be implemented if the offender is granted release.