Penalties for DUI Offenders

DRIVING AFTER IMBIBING ALCOHOL OR UTILIZING DRUGS
(effective February 1, 2004)

1. 3802 (a)(1) Incapable of Safe Driving
   
   
   • No BAC available
   • No implied consent violation*
   • No crash/injury or damage**
   
   
2. 3802 (a)(2) BAC .08% to less than .10%
    
    

   ---

    
    
3. 3802 (b) BAC .10% to less than .16%
    
4. 3802 (a)(1) Incapable of safe driving with damage or injury**
    
5. 3802 (e) Minors .02% or greater
    
6. 3802 (f) Commercial vehicles .04% or greater
    
7. 3802 (f) School vehicles .02% or greater
    
8. 3802 (f) Commercial/school vehicles incapable of safe driving
    
    

   ---

    
    
9. 3802 (c) BAC .16% or higher
   
   
10. 3802 (a)(1) Incapable of safe driving with an implied consent violation (refusing chemical testing)*
     
11. 3802 (d) Controlled substance
     
     

    ---

    
    * A Violation of 3802(a)(1) that involves an implied consent violation is subject to the highest penalty.
    
    
    ** Violations of 3802(a)(2) and 3802(a)(1) that involve an accident with injury or damage are subject to the 2nd highest penalty level.
    
     
     

    ---

     
     
    The General Assembly of Pennsylvania passed Senate Bill No. 8, Session of 2003, which amended Titles 18 (Crimes and Offenses), 42 (Judiciary and Judicial Procedure) and 75 (Vehicles) and reduced the legal limit for Driving Under the Influence (DUI) to .08% Blood Alcohol Content (BAC). To read the entire bill, click here.
    
     
     
    Disclaimer: This information is not intended to be legal advice, but merely conveys general information related to drinking and driving. For more information, please contact your local District Attorney's Office or a private attorney.