Pennsylvania (PA) DUI Law

At Morrow and Artim, we take DUI charges very seriously. 

In Pennsylvania, it is illegal for any person to drive, operate, or control the movement of a vehicle while under the influence of alcohol or a controlled substance in an amount that renders someone incapable of doing so safely. As it applies to alcohol, this amount is measured based on one’s blood alcohol concentration, or BAC. In PA, there are three categories of BAC’s that indicate a violation of the law. First, for all drivers, it is illegal to drive with a BAC of 0.08% or higher. This means that 0.08% of your blood is made up of alcohol. Second, anyone under 21 years of age may not drive with a BAC of 0.02% or higher. This is considered a “Zero Tolerance” policy. Third, for commercial or school vehicle drivers, it is illegal for a commercial driver to operate a vehicle with a BAC 0.04% or higher, and it is illegal to drive a school vehicle with a BAC of 0.02% or higher.

Once an individual is stopped and arrested for Driving Under the Influence (DUI), there are a number of factors to consider. The first factors involve the BAC. The second set of factors involve prior offenses. According to the PA Vehicle Code, if someone is convicted of DUI more than one time, then the penalties become increasingly worse with every subsequent conviction. Let’s start by looking at the BAC.

As mentioned above, if a minor driver has a BAC of 0.02%, but less than 0.08%, there is zero tolerance, and the minor has violated the law. If a commericial/school driver has a BAC of 0.02% or 0.04%, but less than 0.08%, he/she has violated the law. However, if ANY driver has a BAC of 0.08% or more, then the penalties change as the BAC goes up. There are three categories of BAC’s above 0.08%.

0.08% - 0.099% (General Impairment)

0.10% - 0.159% (High Rate)

0.16% and higher (Highest Rate)

Once the BAC is determined to be above 0.08%, the penalties also vary based on prior offenses. The following chart makes it easy to visualize.

What most people do not know is that the PA DUI law also covers driving while under the influence of a Controlled Substance. According to the Statute, it is illegal for anyone to drive under the influence of a Schedule 1 Controlled Substance, a Schedule 2 Controlled Substance without a medical prescription, or any metabolite of a Schedule 1 or 2 substance in the blood. The controlled substances include marijuana, cocaine, inhalants, crack, mushrooms, LSD, some anti-depressants, cold medicine, etc. It is also illegal for someone to drive while under the influence of a combination of drugs or a combination of drugs and alcohol when the combination impairs one’s ability to drive safely. Finally, it is illegal to drive under the influence of any solvent or noxious substance. For instance, after huffing chemical glue or inhaling any other chemical in gas form. There is no measure for this like a BAC and must be proven through the arresting officer’s observations. The Commonwealth must present blood samples that show the presence of drugs and alcohol and must present evidence to prove beyond a reasonable doubt that the drugs and alcohol were causing unsafe driving. This may be done by drawing inferences and the Commonwealth does not have show the precise link between the drugs/alcohol and the impaired driving.

On a final note, PA DUI law includes an Implied Consent provision. Implied Consent means that all drivers in PA agree to submit to a chemical test of the blood, breath, or urine if an office suspects he/she is driving under the influence. If the driver refuses to submit to such testing, his/her driver’s license will be suspended for 1 year. Also, the driver is considered guilty of DUI each time he/she refuses the test and the suspension increases with each subsequent refusal.

At Morrow & Artim, we offer a no cost, no obligation review of your DUI or criminal law matter via a short telephone consult or an email reply. If both you and our firm agree that legal representation is required, an in-office appointment will be scheduled.Call Morrow & Artim today at 412-823-8003 to obtain the legal help that you deserve.