Pennsylvania DUI Laws
On February 1, 2004, new laws went into effect in Pennsylvania that created harsher penalties for driving under the influence of alcohol and/or controlled substances. If you are charged with one of these offenses, you face significant penalties including potential jail time and loss of your driver’s license. That’s why you need to best legal advice and representation you can get.

The new laws (specifically 75 Pa.C.S. Section 3802) have defined the different levels of intoxication as follows:
(a) – General Impairment

(1) An individual may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the vehicle; (2) An individual may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is at least .08% but less than .10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

(b) – High Rate of Alcohol

An individual may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is at least .10% but less than .15% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

(c) – Highest Rate of Alcohol

An individual may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is at least .16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

(d) – Controlled Substances

An individual may not be in actual physical control of the movement of a vehicle under any of the following circumstances: (1) there is in the individual’s blood any amount of a (i) Schedule I controlled substance, as defined in the Controlled Substance, Drug, Devise and Cosmetic Act or (ii) Schedule II or Schedule III controlled substance, as defined in the Controlled Substance, Drug, Devise and Cosmetic Act which has not been medically prescribed for the individual or (iii) metabolite of a substance under paragraph (i) or (ii).

(e) – Minors

A minor (an individual under 21 years of age) may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is .02% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

Potential penalties are determined by your level of intoxication and whether it is your first, second, or third, etc. offense. See a listing of Pennsylvania DUI penalties.

In addition, refusing to take a breath, blood, or urine test when arrested for DUI carries its own potentially serious consequences. View more information on refusal of chemical testing.

Law Offices of Mike Logan, 593 Bethlehem Pike, Montgomeryville, PA 18936 | Tel: (215) 822-9004

215 822 9004
593 Bethlehem Pike,
Montgomeryville, PA 18936

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