The DUI Stop
75 Pa.C.S. 3802 — three tiers, two hours, and a 12 month refusal suspension
In Pennsylvania, no one may drive, operate or be in actual physical control of a vehicle after drinking enough to be incapable of driving safely, or while under the influence of a drug to a degree that impairs safe driving, or with any amount of certain controlled substances in the blood. The alcohol tiers are measured within two hours after driving.
| The tier | Alcohol concentration | A first offense |
|---|---|---|
| The tierGeneral impairment | Alcohol concentrationAt least 0.08% but less than 0.10% | A first offenseSix months' probation and a fine of $300 |
| The tierHigh rate | Alcohol concentrationAt least 0.10% but less than 0.16% | A first offenseNot less than 48 consecutive hours and a fine of $500 to $5,000 |
| The tierHighest rate | Alcohol concentration0.16% or higher | A first offenseNot less than 72 consecutive hours and a fine of $1,000 to $5,000 |
A minor may not drive with 0.02% or more. A commercial driver may not drive with 0.04% or more, and a school bus or school vehicle driver with 0.02% or more.
Refusing a test suspends the license for 12 months, or 18 with a prior. A driver is deemed to have consented to breath or blood testing where an officer has reasonable grounds to believe the driver was driving under the influence. The officer informs the driver that refusing suspends the operating privilege and brings a restoration fee of up to $2,000, and that refusing a breath test brings the highest tier's penalties on a conviction for general impairment. The suspension is 12 months, or 18 months with a prior refusal suspension or a prior DUI sentence.
Each first offense also carries alcohol highway safety school and any required treatment. A general impairment offense involving an accident with injury or damage is sentenced at the high rate.
Sources for this section (3)
- 75 Pa.C.S. 3802 — Driving under influence of alcohol or controlled substance
- 75 Pa.C.S. 3804 — Penalties for driving under the influence
- 75 Pa.C.S. 1547 — Chemical testing to determine amount of alcohol or controlled substance
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.