DUI Laws in Pennsylvania

0.08 for drivers 21 and older (a driver can also be convicted at a lower level if impaired). 0.02 for drivers under 21. 0.04 for commercial vehicle drivers and 0.02 for school bus drivers (those levels trigger 'high rate' penalties).

Penalties depend on blood alcohol level. General impairment (0.08-0.099): six months' probation, $300 fine, no license suspension. High rate (0.10-0.159): 2 days to 6 months in jail, $500-$5,000 fine, 12-month suspension. Highest rate (0.16+, controlled substances, or test refusal): 3 days to 6 months in jail, $1,000-$5,000 fine, 12-month suspension. Alcohol highway safety school is required, and screening/treatment and up to 150 hours of community service may be ordered. A first offender at the high or highest rate may be accepted into the Accelerated Rehabilitative Disposition (ARD) program (license suspension up to 90 days, six months' supervision, $300-$5,000 fine).

In Pennsylvania, DUI becomes a third-degree felony when the person has three or more prior offenses, or a prior conviction for homicide by vehicle while DUI. It is also a third-degree felony for a person with two prior offenses who refused testing or violated the highest-BAC or controlled-substance provisions (section 3802(c) or (d)); with three or more priors, that offense is a second-degree felony. DUI with a minor under 18 in the vehicle is a third-degree felony if the person has two or more prior offenses. Prior offenses generally count if they occurred within 10 years before the current offense. Certain prior diversion-related violations under section 3802(h)(1) can also raise the grade.

Refusing a breath, blood, or urine test after a DUI arrest leads to an automatic one-year license suspension, in addition to any suspension for the DUI conviction or ARD, even if the person is found not guilty of DUI. With a prior DUI conviction or prior refusal, the refusal suspension is 18 months. A driver who refuses is also subject to the 'highest rate' DUI penalties if convicted.

PennDOT automatically expunges Accelerated Rehabilitative Disposition (ARD) records for DUI from the driving record after 10 years, provided the person's license was not revoked as a habitual offender and the person was not a commercial driver at the time of the violation. For grading and penalties, prior DUI offenses count if they occurred within 10 years.

PennDOT's Driver's Manual notes that an occupational limited license may be available after 60 days of suspension for certain repeat DUI suspensions.