© 2019 by Law Offices of Michael F. Niznik

  • Facebook Social Icon
  • Twitter Social Icon

Every case is different. Nothing on this site should be taken as legal advice for an individual case or situation. Viewing the information on this site, or sending a message to our firm through this site, does not create an attorney-client relationship and will not entail a confidential communication. 

DUI & DWI PENALTIES

PENNSYLVANIA DUI PENALTIES

The Pennsylvania government has taken extreme steps to penalize drunk drivers.  In 2003, legislation was passed which creates a new approach to DUI enforcement.  This new law, known as Act 24, factors in a driver’s blood alcohol content (BAC) with their prior offenses to determine the penalty they will face for a new DUI charge.  

 

Below is a guide outlining the possible sentences you face when charged with a DUI in Pennsylvania. If you have any questions, please call us for a free consultation.

PENNSYLVANIA DUI SENTENCING CHART

FIRST OFFENSE

 

BAC of .08% to .099%: 3 month license suspension; up to 30 days in jail; up to $400 fine, up to 48 hours in Intoxicated Driver Resource Center (IRDC) and associated fees; insurance surcharge of $1000 per year for three years; other fines as imposed by the court.

 

BAC of .10% or higher: Up to 12 month license suspension; up to 30 days in jail; up to $500 fine, up to 48 hours in IRDC; with BAC higher than .15% - Ignition Interlock Device during license suspension and 6 months to 1 year following restoration; insurance surcharge of $1000 per year for three years; other fines as imposed by the court.

 

SECOND OFFENSE WITHIN 10 YEARS

 

2 year license suspension; up to 90 days in jail; up to $1000 fine; 30 days community service; up to 48 hours in IRDC; Ignition Interlock Device during license suspension and 1 to 3 years following restoration; insurance surcharge of $1000 per year for three years; other fines as imposed by the court; other fines as imposed by the court.

 

THIRD OFFENSE WITHIN 10 YEARS

 

10 year license suspension; 180 days in jail; $1000 fine; 90 days community service (this can reduce jail sentence); up to 48 hours in IRDC; Ignition Interlock Device during license suspension and 1 to 3 years following restoration; insurance surcharge of $1500 per year for three years; other fines as imposed by the court.

 

ENHANCED PENALTIES

 

There are also enhanced penalties for a DWI in a school zone.  Additionally, New Jersey courts will treat any DWI offense in another state as a prior DUI.  This practice requires an additional DWI in New Jersey to be charged as a second offense if the second offense occurs within ten years of the new charge.