DUI FAQs

Pennsylvania's legal blood alcohol concentration (BAC) limit is:

• 0.08% for most drivers.
• 0.04% for commercial drivers (CDL holders).
• 0.02% for drivers under age 21 (zero-tolerance law).

Higher BAC levels result in more severe penalties.

Yes. Even if your BAC is below 0.08%, you can still be charged with a DUI if:

• Your driving is impaired due to alcohol or drugs.
• You fail field sobriety tests.
• You have a combination of alcohol and drugs in your system.

Pennsylvania recognizes general impairment DUIs for BAC levels between 0.05% and 0.079%, especially if combined with other evidence of impairment.

In Pennsylvania, only DUI (Driving Under the Influence) is used. Some states distinguish DUI (alcohol impairment) from DWI (Driving While Intoxicated by drugs or other substances), but PA does not make this distinction—all cases fall under DUI laws.

DUI penalties vary depending on blood alcohol concentration (BAC) and prior offenses. They may include:

• First offense: Fines, license suspension, and mandatory alcohol safety school.
• Second offense: Increased fines, longer suspension, ignition interlock device (IID), and possible jail time.
• Third offense or higher: Heavier fines, extended jail time, and a lengthy suspension.

DUI penalties in Pennsylvania vary based on blood alcohol content (BAC) and prior offenses. For a first-time offense, common penalties include:

• Fines ($300–$5,000 depending on BAC level).
• License suspension (none for lowest tier, 12 months for high BAC).
• Alcohol highway safety school (mandatory for all first-time offenders).
• Possible jail time (5 days to 6 months for the highest BAC tier).
• Probation or community service (in some cases).

Repeat offenses lead to higher fines, longer suspensions, mandatory jail time, and ignition interlock requirements.

DUI charges can be challenged based on improper traffic stops, inaccurate BAC testing, or procedural errors. An attorney can examine the details and build a defense.

Yes, license suspension is standard for DUI convictions, especially for high BAC levels or repeat offenses. After suspension, you may be eligible for an occupational limited license (OLL).

Yes, Pennsylvania law considers "actual physical control" of a vehicle. If you are intoxicated and in the driver’s seat with the keys in the ignition, you could be charged with a DUI.

After a DUI arrest, you may be booked, required to post bail, and given a court date. It is essential to consult an attorney immediately to discuss defense options.

No. Refusing a portable breath test (PBT) at the roadside does not automatically suspend your license. However, refusing a chemical breath or blood test at the station triggers an automatic 12-month license suspension under Pennsylvania’s Implied Consent Law.

While not legally required, hiring a DUI lawyer can:

• Help reduce or dismiss charges.
• Challenge improper traffic stops.
• Contest breathalyzer or blood test results.
• Negotiate for alternative sentencing (such as ARD or house arrest).

DUI laws are complex, and penalties increase with each offense, making legal representation highly advisable.

Yes. Pennsylvania law prohibits driving while impaired by any substance, including prescription drugs. Even legally prescribed medications like painkillers, sleep aids, and antidepressants can lead to DUI charges if they impair driving ability.

Yes. Pennsylvania has a zero-tolerance policy for marijuana DUIs. Even if you have a medical marijuana card, you can be charged with DUI if THC is detected in your system, regardless of impairment.

However, recent legal challenges have questioned the fairness of this law, and courts may allow defenses for medical marijuana users.

Most first and second DUI offenses are misdemeanors, but a DUI can be charged as a felony if:

• It is your third DUI within 10 years with a BAC of 0.16% or higher.
• The DUI caused serious bodily injury or death.
• You were driving under DUI suspension.

Felony DUIs carry severe penalties, including multi-year prison sentences and lifelong consequences.

Yes, Pennsylvania allows DUI checkpoints, but they must follow strict legal guidelines:

• Checkpoints must be publicly announced in advance.
• Police cannot randomly select cars—they must follow a pre-set pattern.
• Officers must have reasonable suspicion to conduct further testing.

If a checkpoint violates constitutional rights, evidence may be challenged in court.

Officers commonly use three standardized field sobriety tests (FSTs):

• Horizontal Gaze Nystagmus (HGN) – Following a moving object with your eyes.
• Walk-and-Turn – Walking in a straight line, heel-to-toe.
• One-Leg Stand – Balancing on one foot.

These tests are voluntary; poor weather, medical conditions, or nervousness can affect results.

Non-standardized tests are less reliable and include:

• Counting backward.
• Reciting the alphabet.
• Touching your finger to your nose.

These tests are not approved by the National Highway Traffic Safety Administration (NHTSA) and can be challenged in court.

Pennsylvania has zero-tolerance laws for drivers under 21. Consequences include:

• Immediate license suspension (12 months).
• Fines up to $1,000.
• Mandatory alcohol education programs.
• Potential jail time (up to 90 days).

Even a BAC as low as 0.02% can result in an underage DUI charge.

Yes. Possible DUI defenses include:

• Illegal traffic stop (lack of reasonable suspicion).
• Inaccurate breathalyzer results (machine calibration issues).
• Medical conditions affecting test results (diabetes, acid reflux).
• Violation of Miranda rights.
• Unlawful checkpoint procedures.

A DUI lawyer can assess whether your charges can be reduced or dismissed.

Yes. You can challenge test results if:

• The breathalyzer machine was not calibrated correctly.
• The officer lacked proper certification.
• There was a contaminated blood sample.
• You have a medical condition that affects BAC readings.

Successfully challenging test results may lead to reduced or dismissed charges.

If convicted, you may qualify for a limited license:

• Occupational Limited License (OLL) – Allows driving to work or school after a partial suspension period.
• Ignition Interlock Limited License (IILL) – Requires an ignition interlock device but allows unrestricted driving.

These options vary based on BAC level and prior offenses.

Possibly. Some counties in PA allow house arrest with electronic monitoring as an alternative to jail for non-violent DUI offenders. Eligibility depends on:

• BAC level and prior record.
• The severity of the offense.
• Judge’s discretion.

House arrest must be requested through a DUI attorney and is not guaranteed.