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DUI LAWS - ALCOHOL
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An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.

PENALTIES
First Tier (w/o Refusal or Accident)
Second Tier (w/ Accident)
Third Tier (w/ Refusal)

An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least 0.08% but less than 0.10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle. 

PENALTIES
First Tier Offense
 An individual may not drive, operate or be in actual physical control of the movementof a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least 0.10% but less than 0.16% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

PENALTIES
Second Tier Offense


A minor may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the minor's blood or breath is 0.02% or higher within two hours after the minor has driven, operated or been in actual physical control of the movement of the vehicle. 

PENALTIES
Second Tier Offense
Unless higher charge applies
An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is 0.16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

PENALTIES
Third Tier Offense

Please see below for DUI- Commercial Vehicle/School Bus for Information.

PENALTIES
Second Tier Offense
Unless higher charge applies
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DUI - CONTROLLED SUBSTANCES
An individual may not drive,
operate or be in actual physical control of the movement of a vehicle
under any of the following circumstances:

75 Pa.C.S.A. 3802(D)(1)(i)
DUI - SCHEDULE 1 SUBSTANCE

75 Pa.C.S.A. 3802(D)(1)(ii)
DUI - SCHEDULE 2 or 3 SUBSTANCE

75 Pa.C.S.A. 3802(D)(1)(iii)
DUI - METABOLITE

​(1)  There is in the individual's blood any amount of a Schedule I 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;
​(1)  There is in the individual's blood any amount of a metabolite of a substance under subparagraph (i) or (ii).
​(1)  There is in the individual's blood any amount of a Schedule II or Schedule III controlled substance, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, which has not been medically prescribed for the individual; or.

75 Pa.C.S.A. 3802(D)(4)
DUI -  SOLVENTS

75 Pa.C.S.A. 3802(D)(2)
DUI - IMPAIRED ABILITY

 The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. § 7303 (relating to sale or illegal use of certain solvents and noxious substances).

75 Pa.C.S.A. 3802(D)(3)
DUI - COMBINATION DRUGS/ALCOHOL

The individual is under the influence of a drug or combination of drugs to a degree which impairs the individual's ability to safely drive, operate or be in actual physical control of the movement of the vehicle. 
The individual is under the combined influence of alcohol and a drug or combination of drugs to a degree which impairs the individual's ability to safely drive, operate or be in actual physical control of the movement of the vehicle. 


DUI
MINIMUM
PENALTIES

 

FIRST TIER: 
3802(A)(1)(w/o Refusal or Accident)
3802(A)(2)
FIRST OFFENSE:  6 Months Probation, $300 Fine + Court Costs, Zero Suspension
SECOND OFFENSE: 5 Days Jail, $300 Fine + Court Costs, 12 Month Suspension
THIRD OFFENSE: (M2) 10 Days Jail, $500 Fine + Court Costs, 12 MOnth Suspension
SECOND TIER:
3802(A)(1)(w/ Accident),
3802(B), 3802(E), 3802(F)
FIRST OFFENSE:  48 Hours Jail, $500 Fine + Court Costs, 12 Month Suspension
SECOND OFFENSE: 30 Days Jail, $750 Fine + Court Costs, 12 Month Suspension
THIRD OFFENSE: (M1) 90 Days Jail, $1500 Fine + Court Costs, 18 Month Suspension

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THIRD TIER:
3802(A)(1)(w/Refusal)**,
3802(C), 3802(D)
FIRST OFFENSE: (M) 72 Hours Jail, $1000 Fine + Court Costs, 12 Month Suspension
SECOND OFFENSE: (M1) 90 Days Jail, $1500 Fine + Court Costs, 18 Month Suspension
THIRD OFFENSE: (FELONY)  1 YEAR State Prison, $2500 Fine, 18 Month Suspension


DUI PENALTY ENHANCEMENTS


REFUSALS - Automatic PennDOT Suspension: ​If you refuse to submit to a breath test or to a blood test, your license will be suspended for a minimum of 12 months.

**REFUSALS - Enhanced Penalties:


If you refuse to submit to a breath test, you will automatically be treated as if your BAC was above .16% (Third Tier).

If you refuse to submit to a blood tests AND law enforcement obtains a search warrant for your blood and you continue to refuse, you will automatically be treated as if your BAC was above .16% (Third Tier)
ACCIDENTS:  If you are involved in an accident, regardless of fault, you will be charged with a Second Tier Offense unless your BAC was above a .16% or you had drugs in your system.  In that situation, you will be charged with a Third Tier Offense. 
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CHILDREN IN VEHICLE:  If you have a child under the age of 18 in your vehicle, you will be charged with a Misdemeanor 1 offense (this may impact gun rights) which also carries a longer maximum sentence.  You may also be charged with a separate criminal offense.  If you have a child under the age of 14 in your vehicle you will be deemed ineleigible for ARD.


Commercial​​
Vehicles &
School Buses
 

An individual may not drive, operate or be in actual physical control of the movement of a commercial vehicle, school bus or school vehicle in any of the following circumstances:

(1)  After the individual has imbibed a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is:

(i)  0.04% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a commercial vehicle other than a school bus or a school vehicle.
(ii)  0.02% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a school bus or a school vehicle.

(2)  After the individual has imbibed a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.

(3)  While the individual is under the influence of a controlled substance or combination of controlled substances, as defined in section 1603 (relating to definitions).

(4)  While the individual is under the combined influence of alcohol and a controlled substance or combination of controlled substances, as defined in section 1603.
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