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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.

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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. 

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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.

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PENALTIES
Second Tier Offense

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.

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PENALTIES
Third 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. 

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PENALTIES
Second Tier Offense
Unless higher charge applies
Please see below for DUI- Commercial Vehicle/School Bus for Information.

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PENALTIES
Second Tier Offense
Unless higher charge applies

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

​(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;   

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

​(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.

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

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

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

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. 

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

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. 

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

 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).

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FREE ONLINE CASE EVALUATION


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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