PENNSYLVANIA DUI LAWS
75 Pa.C.S.A. 3802

DUI - ALCOHOL
75 Pa.C.S.A. 3802(a)(1)
DUI General Impairment

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/ Breath Refusal or Blood Refusal w/ a warrant)


75 Pa.C.S.A. 3802(a)(2)-
DUI General Impairment (BAC .08-.099)

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


75 Pa.C.S.A. 3802(b)
DUI High Rate (BAC .10-.159)

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



75 Pa.C.S.A. 3802(c)
DUI Highest Rate (BAC > .16%)

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



DUI - DRUGS
75 Pa.C.S.A. 3802(d)
DUI Controlled Circumstances

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

​​(​​1) There is in the individual's blood:
(i) 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;   
(ii)  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
(iii) any amount of a metabolite of a substance under subparagraph (i) or (ii).

(2) 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. 

(3) 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. 

(4)  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).​
DUI - SPECIAL CIRCUMSTANCES
75 Pa.C.S.A. 3802(e)
DUI Minor (BAC > .02%)

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


75 Pa.C.S.A. 3802(f)
DUI Commercial Vehicle or School Bus 

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.