Pennsylvania DUI Law Explained

Below are brief descriptions of the many classifications of PA DWI charges.

GENERAL IMPAIRMENT - Under Pennsylvania's General Impairment DUI law, it is illegal to "drive, operate or 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 movement of the vehicle." Those individuals with a chemical test result that shows a blood alcohol content (BAC) of .08 or higher within two hours of driving may be charged under the "per se" portion of the statute (where BAC evidence will carry a presumption of impairment).

HIGH RATE OF ALCOHOL - Under Pennsylvania DUI law, a person with a BAC of .10 -.159 within two hours after driving, operating, or being in actual physical control of the movement of a vehicle will be charged with High Rate DUI, which carries harsher penalties.

HIGHEST RATE OF ALCOHOL - A person with a BAC of .16 or higher within two two hours after driving, operating, or being in actual physical control of the movement of a vehicle in Pennsylvania will be charged with Highest Rate DUI, a conviction of which carries more severe penalties.

CONTROLLED SUBSTANCES - Under PA DUI Law, it is illegal to operate, drive, or be in actual physical control of the movement of a vehicle while under the influence of controlled substances to or a combination of controlled substances and alcohol, to the extent it impairs the person's ability to safely drive, or with traces of controlled substances present in the individual's blood. Pennsylvania's DUI statute specifies which drugs are considered controlled substances.

MINORS - Pennsylvania DUI suspects under the age of 21 will be charged with driving under the influence if they have a BAC of .02 or higher within two hours of operating, driving, or being in actual physical control of a vehicle.

COMMERCIAL VEHICLES - Pennsylvania DUI suspects operating a commercial vehicle will be charged with DUI if they have a BAC of .04 or higher (.02 if operating a school bus or school vehicle).

SERIOUS BODILY INJURY OR DEATH/PROPERTY DAMAGE - A person who commits a PA DUI where there was an accident involving serious bodily injury or death of any person or in damage to a vehicle or other property faces increased penalties.

CHEMICAL TEST REFUSAL - A Penn. DUI suspect who refuses to submit to a blood or breath test will be charged with a seperate misdemeanor for their failure to submit to a chemical test, which carries penalties in addition to those that may be imposed under the criminal DUI charge stemming from the same offense.

HOMICIDE BY VEHICLE WHILE UNDER THE INFLUENCE - A Pennsylvania DUI offense resulting in the unintentional death of another person will be charged with a second degree felony if the death was a result of the DUI.