Pennsylvania DUI / DAI LAW

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As of February 1, 2004, punishment for DUI convictions is divided into three tiers based upon alcohol levels as follows:

	1st Offense	2nd Offense	3rd Offense	4th Offense
NEW LAW .08 - .099 % BAC Incapable of safe driving	Ungraded misdemeanor 6 months max. probation $300 fine Attend Alcohol Highway Safety School CRN Evaluation Pending CRN, full assessment and compliance with D&A treatment as part of sentencing	Ungraded misdemeanor 5 days min. imprisonment $300 - $2,500 fine 12 month license suspension Attend Alcohol Highway Safety School Mandatory 1 year Ignition Interlock CRN Evaluation Mandatory full D&A Assessment and compliance with D&A treatment as condition of sentencing	2nd degree misdemeanor 10 days min. imprisonment $500 - $5,000 fine 12 month license suspension Mandatory 1 year Ignition Interlock CRN evaluation Mandatory full D&A Assessment and compliance with D&A treatment as condition of sentencing
OLD LAW	No current penalties for .08% BAL conviction	No current penalties for .08% BAL conviction	No current penalties for .08% BAL conviction
NEW LAW .10 - .159% BAL Incapable of safe driving with crash/injuries Minors (.02% BAL) CDL drivers (.04% BAL) and school bus/vehicle drivers (.02% BAL)	Ungraded misdemeanor 48 consecutive hours imprisonment $500 - $5,000 fine 12 month license suspension Attend Alcohol Highway Safety School CRN evaluation Pending CRN, full assessment and compliance with D&A treatment as part of sentencing	Ungraded misdemeanor 30 days min. imprisonment $750 - $5,000 fine 12 month license suspension Attend Alcohol Highway Safety School Mandatory 1 year Ignition Interlock CRN evaluation Mandatory full D&A Assessment and compliance with D&A treatment as condition of sentencing	1st degree misdemeanor 90 days min. imprisonment $1,500 - $10,000 fine 18 month license suspension Mandatory 1 year ignition interlock CRN evaluation Mandatory full D&A Assessment and compliance with D&A treatment as condition of sentencing	1st degree misdemeanor 1 year min. imprisonment $1,500 - $10,000 fine 18 month license suspension Mandatory 1 year ignition interlock CRN evaluation Mandatory full D&A Assessment and compliance with D&A treatment as condition of sentencing
OLD LAW (Penalties not linked to BAC level)	2nd degree misdemeanor 48 hours consecutive hours imprisonment $300 min. fine 12 month license suspension Ignition Interlock optional Attend Alcohol Highway Safety School CRN evaluation and possible treatment if court orders	2nd degree misdemeanor 30 days min. imprisonment $300 min. fine 12 month license suspension Ignition Interlock mandatory CRN evaluation Mandatory treatment	1st degree misdemeanor 90 days min. imprisonment $300 min. fine 12 month license suspension Ignition Interlock mandatory CRN evaluation Mandatory treatment	1st degree misdemeanor 1 year min. imprisonment $300 min. fine 12 month license suspension Ignition Interlock CRN evaluation Mandatory treatment
NEW LAW .16% BAC or higher Controlled Substances Incapable of safe driving after refusing testing	Ungraded misdemeanor 72 consecutive hours min. imprisonment $1,000 - $5,000 fine 12 month license suspension Attend Alcohol Highway Safety School CRN evaluation Mandatory full D&A Assessment and compliance with D&A treatment as condition of sentencing	1st degree misdemeanor 90 days min. imprisonment $1,500 min. fine 18 month license suspension Attend Alcohol Highway Safety School Mandatory 1 year Ignition Interlock CRN Evaluation Mandatory full D&A Assessment and compliance with D&A treatment as condition of sentencing	1st degree misdemeanor 1 year min. imprisonment $2,500 min. fine 18 month license suspension Mandatory 1 year Ignition Interlock CRN evaluation Mandatory full D&A Assessment and compliance with D&A treatment as condition of sentencing
OLD LAW (No current high BAC law in PA)	Same as penalties for .10% BAL - see above	Same as penalties for .10% BAL - see above	Same as penalties for .10% BAL - see above

Please note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance. 1800DUILAWS.com is not liable for any misinformation that users obtain from using this site.