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DWI laws in Pennsylvania

On Behalf of | Dec 29, 2020 | DUI

Drunk driving carries stiff penalties in all states. A driver could face jail time, pay fines, or lose their driving license. While all states carry stiff penalties for drunk driving, it’s important for those who live in Pennsylvania to understand their state’s penalties.

Blood Alcohol Content Limit

While the number of arrests for impaired driving have fallen in Pennsylvania, alcohol has been the cause of around 30% of traffic accidents in the state. Law enforcement makes an effort to reduce the number of impaired drivers which commonly involves checking the BAC.

The blood alcohol content, or BAC, refers to the amount of alcohol in the blood. Pennsylvania lowered the limit to .08 from .10 in 2003, and almost all states set .08 as the highest limit. Pennsylvania sets the BAC for commercial drivers at .04 and .02 for underage drivers and bus drivers. The state considers drivers under the influence when they cannot operate a vehicle safely whether from alcohol or other substances.

Penalties

Pennsylvania laws do not require proof of impairment when a driver has a BAC above the allowed limit. Costs and penalties vary based on previous arrests and the amount of BAC. Each can or glass of alcoholic beverage commonly counts as one drink in Pennsylvania regardless of the amount.

General impairment usually has a BAC between .08 and .10. and penalties include probation and a $300 fine for first offenses. High Rate DUIs with BAC of .10 to .16 include up to six months of jail, a $500 minimum fine and 12-month license suspension. The highest rate DUI involves a BAC of more than .16 with penalties of a 12-month license suspension, up to six months jail time and fees between $1000 and $5000.

Getting a DWI does not come without consequences, but errors can be made with tests. If a driver thinks they have been charged in error, a lawyer may be able to prove the case.

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