When is a Driver Considered to be Legally Drunk in Pennsylvania?

  • Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is .08 or more.
  • Drivers of commercial vehicles are legally drunk when their blood alcohol concentration is .04 percent or greater.
  • School bus drivers are legally drunk when their blood alcohol level is .02 or more.
  • Drivers under 21 are legally drunk when their blood alcohol concentration is .02 or more.

Penalties for Drunk Driving in Pennsylvania

Driver's License Suspension and Revocation Periods

When a person is convicted of DUI with a BAC of less than .10, there is no driver's license suspension period for the first offense. Those who commit a DUI with a BAC level of .10 or higher, as well as those who have one or two previous DUI convictions are subject to a grading system that will determine the license suspension period, which ranges between 12 and 18 months. A person who has three DUI convictions, however, is a habitual offender and will have his or her driver's license revoked for five years. Each additional offense within a period of five years of a previous offense will result in an additional two-year revocation.

Penalties for General Impairment

In Pennsylvania, a driver is "generally impaired" if his or her BAC level is at least .08 but less than .10. Those who are convicted of DUI while generally impaired face the following penalties:

  • A first-time offender must undergo a mandatory minimum term of six months probation; pay a $300 fine; attend an alcohol highway safety school; and comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
  • A second-time offender will be imprisoned for at least five days; must pay a fine between $300 and $2,500; must attend an alcohol highway safety school; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
  • For a third or subsequent violation, the offender will be imprisoned for at least 10 days; must pay a fine between $500 and $5,000; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.

Penalties for High Rate of Blood Alcohol

A driver has a "high rate of blood alcohol" when the individual's alcohol concentration is at least .10 but less than .16. Those who are convicted of DUI with a high rate of alcohol face the following penalties:

  • A first-time offender must undergo a mandatory minimum prison term of not less than 48 hours; must pay a fine between $500 and $5,000; must attend an alcohol highway safety school; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
  • A second-time offender will be imprisoned for at least 30 days; must pay a fine between $750 and $5,000; must attend an alcohol highway safety school; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
  • A third-time offender will be imprisoned for at least 90 days; must pay a fine between $1,500 and $10,000; and must comply with all drug and alcohol treatment imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
  • For a fourth or subsequent violation, the offender will be imprisoned for at least one year; must pay a fine between $1,500 and $10,000; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.

Penalties for Highest Rate of Blood Alcohol

A driver has the "highest rate of blood alcohol" when the individual's alcohol concentration is .16 or higher. Those who are convicted of DUI with the highest rate of alcohol face the following penalties:

  • A first-time offender must undergo a mandatory minimum term of imprisonment of not less than 72 hours; must pay a fine between $1,000 and $5,000; must attend an alcohol highway safety school; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
  • A second-time offender will be imprisoned for at least 90 days; must pay a fine of at least $1,500; must attend an alcohol highway safety school; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
  • For a third or subsequent violation, the offender will be imprisoned for at least one year; must pay a fine of at least $2,500; and must comply with all drug and alcohol treatment imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.

Special Penalties for Drunk Driving with a High Rate of Blood Alcohol that Causes Bodily Injury, Vehicle Damage, or Property Damage

When a drunk driver operates a vehicle with a high rate of alcohol and causes bodily injury, vehicle damage, or property damage, the following penalties apply:

  • A first-time offender must undergo a mandatory minimum prison term of not less than 48 hours; must pay a fine between $500 and $5,000; must attend an alcohol highway safety school, and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
  • A second-time offender will be imprisoned for at least 30 days; must pay a fine between $750 and $5,000; must attend an alcohol highway safety school; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
  • A third-time offender will be imprisoned for at least 90 days; must pay a fine between $1,500 and $10,000; and must comply with all drug and alcohol treatment imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
  • For a fourth or subsequent violation, the offender will be imprisoned for at least one year; must pay a fine between $1,500 and $10,000; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.

Special Penalties for Commercial Vehicle and School Bus Drivers

When a commercial vehicle operator or a school bus driver commit a DUI, the following penalties apply:

  • A first-time offender must undergo a mandatory minimum prison term of not less than 48 hours; pay a fine between $500 and $5,000; attend an alcohol highway safety school, and comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
  • A second-time offender will be imprisoned for at least 30 days; must pay a fine between $750 and $5,000; must attend an alcohol highway safety school; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
  • A third-time offender will be imprisoned for at least 90 days; must pay a fine between $1,500 and $10,000; and must comply with all drug and alcohol treatment imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.
  • For a fourth or subsequent violation, the offender must be imprisoned for at least one year; must pay a fine between $1,500 and $10,000; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service work.
  • Where the driver was a commercial driver at the time of the violation, the driver will be disqualified from driving a commercial vehicle for one year for the first offense. If, however, the driver was transporting hazardous materials at the time, the disqualification period is three years. A second-time offender will be disqualified from driving a commercial vehicle for life, which may or may not be reduced to a period of not less than 10 years.