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Pennsylvania OVI Lawyers

DUI / DAI

State of PA Information.

 

What are the penalties for a DUI in Pennsylvania?

 

1st Offense

2nd offense

3rd Offense

Minimum Jail

No minimum jail time required

5 days jail to 6 months

10 days jail to two years

Fines and Penalties

$300

$300 to $2500

$500 to $5000

License Suspension

No

12 months

12 months

IID* Required

Yes, if refusal to take chemical test

Yes, during period of restricted license

Yes, during period of restricted license

  • Note: Pennsylvania has a series of penalty tiers, depending on the driver’s BAC. The tiers are .08, .10 to .159%, and .16 or higher.

How much do you have to drink (BAC*) for a DUI in Pennsylvania?

Under 21

.02%

21 or older

.08%

 

ENERAL IMPAIRMENT (BAC .08 - .10)

  • FIRST OFFENSE GENERAL IMPAIRMENT - FINES: $300; JAIL: no jail time, but mandatory minimum 6 months of probation with attendance at an approved alcohol highway safety school and compliance with all drug and alcohol treatment requirements. OTHER: up to 150 hours of community service
  • SECOND OFFENSE GENERAL IMPAIRMENT - FINES: $300 - $2,500; JAIL: no less than 5 days - 6 months; LICENSE SUSPENSION: 1 year suspension; OTHER: attendance at an approved alcohol highway safety school and compliance with all drug and alcohol treatment requirements, 1 year mandatory installation of an ignition interlock device, and up to 150 hours community service.
  • THIRD OR SUBSEQUENT OFFENSE GENERAL IMPAIRMENT - FINES: $500 - $5,000; JAIL: not less than 10 days - 2 years in prison; LICENSE SUSPENSION: 1 year suspension; OTHER: compliance with all drug and alcohol treatment requirements, 1 year mandatory installation of an ignition interlock device, and up to 150 hours community service.

HIGH RATE OF BLOOD ALCOHOL (.10 - .159)

  • FIRST OFFENSE HIGH BAC - FINES: $500 - $5,000; JAIL: 48 hours - up to 6 months; LICENSE SUSPENSION: 12 months suspension; OTHER: attendance at an approved alcohol highway safety school and compliance with all drug and alcohol treatment requirements. OTHER: up to 150 hours community service.
  • SECOND OFFENSE HIGH BAC - FINES: $750 - $5,000; JAIL: 30 days - 6 months; LICENSE SUSPENSION: 1 year suspension; OTHER: mandatory attendance at alcohol safety school, compliance with all drug and alcohol treatment requirements, 1 year mandatory installation of an ignition interlock device, and up to 150 hours community service.
  • THIRD OFFENSE HIGH BAC - FINES: $1,500 - $10,000; JAIL: 90 days - 5 years in prison; LICENSE SUSPENSION: 18 month suspension; OTHER: compliance with all drug and alcohol treatment requirements, 1 year mandatory installation of an ignition interlock device, and up to 150 hours community service.
  • FOURTH OR SUBSEQUENT OFFENSE HIGH BAC - FINES: $1,500 - $10,000; JAIL: 1 - 5 years in prison; LICENSE SUSPENSION: 18 month suspension; OTHER: compliance with all drug and alcohol treatment requirements, 1 year mandatory installation of an ignition interlock device, and up to 150 hours community service.

HIGEST RATE OF BLOOD ALCOHOL (.16 AND HIGHER)

  • FIRST OFFENSE HIGHEST BAC - FINES: $1,000 - $5,000; JAIL: 72 hours - 6 months; LICENSE SUSPENSION: 1 year suspension; OTHER: mandatory attendance at alcohol safety school and compliance with all drug and alcohol treatment requirements, up to 150 hours of community service.
  • SECOND OFFENSE HIGHEST BAC - FINES: $1,500 - $10,000; JAIL: 90 days - 5 years in prison; LICENSE SUSPENSION: 18 month suspension; OTHER: mandatory attendance at alcohol safety school, compliance with all drug and alcohol treatment requirements, 1 year mandatory installation of an ignition interlock device, and up to 150 hours of community service.
  • THIRD OR SUBSEQUENT OFFENSE HIGHEST BAC - FINES: $2,500 - $10,000; JAIL: 1 - 5 years in prison; LICENSE SUSPENSION: 18 months; OTHER: compliance with all drug and alcohol treatment requirements, 1 year mandatory installation of an ignition interlock device, and up to 150 hours community service.

HIGH RATE OF BLOOD ALCOHOL THAT CAUSES SERIOUS BODILY INJURY OR PROPERTY DAMAGE

  • FIRST OFFENSE HIGH BAC SERIOUS BODILY INJURY/PROPERTY DAMAGE - FINES: $500 - $5,000; JAIL: mandatory minimum 48 hours in jail; OTHER: mandatory attendance at alcohol highway safety school, compliance with all drug and alcohol treatment requirements, and up to 150 hours community service.
  • SECOND OFFENSE HIGH BAC SERIOUS BODILY INJURY/PROPERTY DAMAGE - FINES: $750 - $5,000; JAIL: mandatory minimum 30 days in jail; OTHER: mandatory attendance at alcohol highway safety school, compliance with all drug and alcohol treatment requirements, and up to 150 hours community service.
  • THIRD OFFENSE HIGH BAC SERIOUS BODILY INJURY/PROPERTY DAMAGE - FINES: $1,500 - $10,000; JAIL: mandatory minimum 90 days; OTHER: mandatory compliance with all drug and alcohol treatment requirements and up to 150 hours community service.
  • FOURTH OR SUBSEQUENT OFFENSE HIGH BAC SERIOUS BODILY INJURY/PROPERTY DAMAGE - FINES: $1,500 - $10,000; JAIL: mandatory minimum 1 year in prison; OTHER: mandatory compliance with all drug and alcohol treatment requirements and up to 150 hours community service.

COMMERCIAL VEHICLES (BAC .04 OR HIGHER)

  • FIRST OFFENSE DUI - FINES: $500 - $5,000; JAIL: mandatory minimum not less than 48 hours; LICENSE SUSPENSION: one year disqualification from operating a commercial vehicle (or 3 years if transporting hazardous materials at the time of the offense); OTHER: mandatory attendance at alcohol highway safety school, compliance with alcohol treatment requirements imposed by sentencing judge, and up to 150 hours community service.
  • SECOND OFFENSE DUI - FINES: $750 - $5,000; JAIL: mandatory minimum 30 days; LICENSE SUSPENSION: lifetime disqualification from operating a commercial vehicle (may be reduced to a period not less than 10 years); OTHER: mandatory attendance at alcohol highway safety school, compliance with alcohol treatment requirements imposed by sentencing judge, and up to 150 hours community service.
  • THIRD OFFENSE DUI - FINES: $1,500 - $10,000; JAIL: mandatory minimum 90 days in jail; LICENSE SUSPENSION: lifetime disqualification from operating a commercial vehicle (may be reduced to a period not less than 10 years); OTHER: mandatory compliance with alcohol treatment requirements imposed by sentencing judge, and up to 150 hours community service.
  • FOURTH OR SUBSEQUENT OFFENSE DUI - FINES: $1,500 - $10,000; JAIL: at least 1 year; LICENSE SUSPENSION: lifetime disqualification from operating a commercial vehicle (may be reduced to a period not less than 10 years); OTHER: mandatory compliance with alcohol treatment requirements imposed by sentencing judge, and up to 150 hours community service.

MINORS (BAC .02 OR HIGHER) AGES 18 - 21

[Minors under the age of 18 also face an automatic license suspension for a period of 6 months, but such individuals are punished pursuant to the Pennsylvania Juvenile Act. Probation, institutionalization, and fines may be imposed.]

  • FIRST OFFENSE DUI - FINES: $500 - $5,000; JAIL: mandatory minimum 48 hours; LICENSE SUSPENSION: 6 month automatic suspension; OTHER: mandatory attendance of alcohol highway safety school, compliance with all drug and alcohol treatment requirements, and up to 150 hours community service.
  • SECOND OFFENSE DUI - FINES: $750 - $5,000; JAIL: mandatory minimum 48 hours; LICENSE SUSPENSION: 6 month automatic suspension; OTHER: mandatory attendance of alcohol highway safety school, compliance with all drug and alcohol treatment requirements, and up to 150 hours community service.
  • THIRD OFFENSE DUI - FINES: $1,500 - $10,000; JAIL: mandatory minimum 90 days; LICENSE SUSPENSION: 6 month automatic suspension; OTHER: compliance with all drug and alcohol treatment requirements and up to 150 hours community service.FOURTH OR SUBSEQUENT DUI - FINES: $1,500 - $10,000; JAIL: mandatory minimum 1 year; LICENSE SUSPENSION: 6 month automatic suspension;
  • OTHER: compliance with all drug and alcohol treatment requirements and up to 150 hours community service.

OVI in

The acronyms DUI, DWI, OMVI and OVI all refer to the same thing: operating a vehicle under the influence of alcohol or drugs.
- The Ohio Bar Asociation

Ohio Revised Code 4511.19

Available Domains


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