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    Pennsylvania DUI Punishment System Overview

    Blood Alcohol Level. Pennsylvania’s DUI punishment system has three tiers and is dependent upon your blood alcohol level. Note: Blood alcohol levels for individuals under the age of 21 are different.

    Prior Drunk Driving Convictions. Each DUI conviction or ARD within 10 years raises the level of penalty assessed.

    Refusal to Take a Blood Test. If you refuse or decline to take a blood alcohol test, you are deemed to be in the highest blood alcohol content tier, and you may be subject to additional license suspension for your refusal.

    Presence of Other Drugs. If you have any amount of drugs in your system you will be charged as if you were in the highest alcohol level. This applies, regardless of the drug or amount involved, even if the drug was ingested days or weeks prior to the arrest.

    The statutory penalties for DUI are set forth in the following charts:

    First Offense (DUI / Drunk Driving)
    Blood Alcohol Content0.08 – .099%0.10 – .159%0.16% and above
    Minimum Sentencen/a2 days3 days
    Maximum Sentencen/a6 months6 months
    License Suspensionn/a12 months12 months
    Second Offense (DUI / Drunk Driving)
    Blood Alcohol Content0.08 – .099%0.10 – .159%0.16% and above
    Minimum Sentence5 days30 days90 days
    Maximum Sentence6 months6 months5 years
    License Suspension12 months12 months12 months
    Third Offense (DUI / Drunk Driving)
    Blood Alcohol Content0.08 – .099%0.10 – .159%0.16% and above
    Minimum Sentence10 days90 days1 year
    Maximum Sentence2 years5 years5 years
    License Suspension12 months18 months18 months
    Fourth and Subsequent Offenses (DUI / Drunk Driving)
    Blood Alcohol Content0.08 – .099%0.10 – .159%0.16% and above
    Minimum Sentence10 days1 year1 year
    Maximum Sentence2 years5 years5 years
    License Suspension12 months18 months18 months
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