Pennsylvania DUI Defense Attorney - The Law Offices of Richard J. Emhof - Call 610-449-1565

Under Pennsylvania DUI law, a person may be convicted of DUI under several different theories of liability. Probably the most common is the “Per Se” violation. Under this theory, a person is prohibited from operating a vehicle after having imbibed alcohol such that the blood-alcohol content (BAC) measured within 2 hours after driving is at least 0.08%.

General Impairment: A person may also be convicted of DUI in PA if the person operates a vehicle after imbibing alcohol or using drugs to such an extent that the person is rendered incapable of safe driving. The prosecution will pursue this theory of liability if there is no blood or breath result, usually because the driver refused to submit to such a test (a Chemical Test Refusal).

Minors: Individuals under the age of 21 are prohibited from operating a vehicle with a BAC of 0.02%

Commercial Drivers: Drivers of commercial vehicles are prohibited from operating with a BAC of 0.04%. School bus drivers may not operate a school bus with a BAC of 0.02%

Controlled Substances: It is prohibited to operate a vehicle in Pennsylvania under any of the following circumstances:

- The driver’s blood contains any amount of a Schedule I controlled substance,

- The driver’s blood contains any amount of a Schedule II or Schedule III controlled substance which was not legally prescribed to him, or

- The driver is under the influence of a drug (whether or not it was legally prescribed) or drugs or a combination of drug(s) and alcohol to the extent that the driver is rendered incapable of safe driving.

PA DUI Sentencing

Pennsylvania DUI law provides for mandatory minimum sentences for all drunk driving and DUI / DAI offenses. These minimums are determined based on two factors: (1) The driver’s BAC, and (2) The number of times the driver has previously been convicted of DUI. For alcohol-related DUI cases, the cases are divided into three “tiers” based on the BAC:

Tier 1: BAC of 0.08% – 0.099%

Tier 2: BAC of 0.10% - 0.159%

Tier 3: BAC of 0.16% and above

General Impairment offenses are placed into Tier 1 for sentencing purposes, except when the driver refused to submit to a chemical test.

Chemical Test Refusals are sentenced in Tier 3.

Minors are generally sentenced in Tier 2. However, if a minor has a BAC of 0.16% or higher, or tests positive for drugs, the minor would be sentenced in Tier 3.

Commercial Drivers and School Bus Drivers are similarly sentenced in Tier 2, unless their BAC is at least 0.16%, or if they test positive for drugs, in which case they would be sentenced in Tier 3.

Controlled Substances: Those convicted of driving under the influence of a controlled substance are sentenced in Tier 3. This is true even if the controlled substance was legally prescribed and the driver was only taking the prescribed dosage!! In other words, a person who takes prescription drugs (which they presumably need to preserve their health) and mistakenly believes that they can safely drive is treated the same as someone who intentionally gets very drunk on alcohol and then drives home. The result of this policy is that anyone who regularly takes prescription medication that can impair one’s ability to operate heavy equipment (as many meds can) is in danger of being arrested for DUI every time they get behind the wheel of a car.

What are the mandatory minimum sentences? See the grid below: