Pennsylvania DUI/DWI Laws: Penalties, Court Process, and Records

In Pennsylvania, the official term is DUI (Driving Under the Influence), though DWI is commonly used by the public. Pennsylvania enforces strict DUI laws with a tiered penalty system based on BAC levels and prior offenses. DUI is a significant criminal offense in the state.

What Is a DUI in Pennsylvania?

DUI is defined under Chapter 38 of the Pennsylvania General Assembly. It is the act of driving, operating, or being in actual physical control of a vehicle while impaired by alcohol, drugs, or a combination. According to this law, the state classifies the offense based on the blood alcohol concentration (BAC) levels into three tiers, namely:

• General Impairment: with a BAC of 0.08% to 0.099%, or a visible impairment observed without regard to BAC
• High BAC: for BAC that ranges from 0.10% to 0.159%
• Highest BAC: BAC of 0.16% or higher, or the presence of controlled substances

In Pennsylvania, commercial drivers are subject to a 0.04% BAC limit, and drivers under 21 face a 0.02% BAC limit.

DUI Penalties in Pennsylvania

Although there are fixed penalties for DUI offenses in Pennsylvania, the sentences may further escalate due to the BAC levels and presence of prior convictions. Typical penalties associated with DUI offenses in the state include:

• First DUI Offense:
  • General Impairment: No jail, fine of $300, probation up to 6 months, mandatory alcohol highway safety school.
  • High BAC: Jail from 48 hours to 6 months, fine $500–$5,000, 12-month license suspension.
  • Highest BAC: Jail from 72 hours to 6 months, fine $1,000–$5,000, 12-month suspension.
• Second DUI Offense:
  • General Impairment: Jail for 5 days to 6 months, a fine of $300–$2,500, a 12-month suspension, and an IID for 1 year.
  • High BAC: Jail 30 days to 6 months, fine $750–$5,000, 12-month suspension, IID for 1 year.
  • Highest BAC: Jail 90 days to 5 years, fine $1,500–$10,000, 18-month suspension, IID required.
• Third DUI Offense:
  • General Impairment: Jail 10 days to 2 years, fine up to $5,000, 12-month suspension, IID required.
  • High BAC: Jail 90 days to 5 years, fine $1,500–$10,000, 18-month suspension.
  • Highest BAC: Felony charge, prison term of 1 to 7 years, fine of up to $15,000, and 18-month suspension.
• Fourth or Subsequent DUI (Felony):
  • From 1 to 7 years in state prison
  • Fines up to $15,000
  • IID requirement for reinstatement
  • The license is suspended for 12 months

DUI Arrest and Court Process in Pennsylvania

An outline of the arrest and court process in Pennsylvania is listed below:

• Traffic Stop and Arrest – A police officer may stop a driver for field sobriety tests. After the arrest, they may be taken back to the station for chemical tests. According to Pennsylvania’s implied consent law, an individual is deemed to have given consent to take a test or tests of the person's breath, blood, or urine. Refusal to heed this action may lead to a suspension of driving privileges.
• Booking and Charges – The driver is processed and charged based on the BAC level or presence of drugs.
• Administrative License Suspension – The Pennsylvania Department of Transportation (PennDOT) imposes immediate suspensions on drivers or individuals for test refusal or high BAC.
• Arraignment – The defendant is informed of charges and enters a plea.
• Pre-Trial Hearings – the Defense may challenge BAC accuracy, probable cause, or evidence collection.
• Trial – If no plea is reached, the case goes to trial.
• Sentencing – Convictions may result in jail time, payment of fines, license suspension, IID, and a treatment program.

Pennsylvania applies a 10-year look-back period for repeat offenses. The state also offers Accelerated Rehabilitative Disposition (ARD), a diversion program for first-time offenders. This leads to dismissal of charges against the offenders after successful completion of probation, treatment, and community service.

How to Search for DUI Records in Pennsylvania

Pennsylvania allows the public to access DUI records in the state. These records contain information including blood alcohol concentration level, conviction status, penalties, and license actions. Individuals may search for DUI records through various systems, including:

• Online Portal: The Judicial System of Pennsylvania provides online access to DUI case information by using the offender’s name or docket number.
• Pennsylvania Department of Transportation (PennDOT): The state’s department maintains driver histories, including DUI convictions, suspensions, and IID requirements.
• County Clerk of Court Offices: The Clerks of Courts provide certified case files, including DUI documents, to the public.
• Pennsylvania State Police (PSP): The PSP establishes a PATCH system for agencies and individuals to request criminal history background checks, including DUI records.
• Third-Party Background Check Services: These services or agencies allow the public to perform background checks. They are fast and easy to use; however, they may lack complete accuracy.

How Long Does a DUI Stay on Your Record in Pennsylvania?

DUI convictions in Pennsylvania have long-lasting impacts on its residents:

• Criminal Record: While a DUI conviction remains permanent, offenders who complete ARD may petition for expungement of the records.
• Driving Record: Generally, DUI convictions remain on a Pennsylvania driving record for 10 years.
• Insurance and Employment: DUI convictions adversely affect insurance rates for individuals and may lead to trouble with employers and licensing agencies.

Pennsylvania enforces a tiered DUI penalty system based on blood alcohol concentration (BAC) levels, with additional punishments for repeat offenders. The state uses DUI as the official legal term, with options like ARD for first-time offenders seeking to avoid long-term consequences.

DUI records are accessible through the online portals, the court clerk, and PennDOT. The ARD program allows offenders to expunge their records, while most convictions remain permanent. For drivers, employers, and researchers, understanding Pennsylvania’s DUI laws is crucial, given their severe and lasting consequences.