First DUI in Pennsylvania

Were you recently arrested for driving under the influence of alcohol or drugs in Harrisburg? If so, you are going to want to familiarize yourself with the penalties for this offense.

Under Section 3802(a)(1), it is unlawful for an individual to drive, operate, or be in actual physical control of a vehicle while their ability to drive safely is impaired by alcohol or a controlled substance, including illegal drugs, prescription drugs, or over-the-counter medications.

This means that it is possible to get a DUI, even if your blood alcohol concentration (BAC) was under the state’s legal limit of .08%.

Under Section 3802 (a)(2), it is illegal to drive with a BAC that is .08%, but less than .10% within two hours of driving. In effect, a BAC of .08% or more is an automatic DUI charge.

High Rate of Alcohol Statutes

Under Section 3802(b), it’s unlawful to drive or be in actual physical control of a vehicle with .10% to less than 0.16% BAC within two hours of driving. Additionally, under Section 3802(c), you cannot drive or be in actual physical control with a BAC that is 0.16% within two hours of driving.

Penalties for General Impairment

Under Pennsylvania law, the penalties for “general impairment,” meaning with a BAC of less than .10% include:

Penalties for a first offense:

  • A mandatory minimum term of 6 months’ probation
  • A $300 fine
  • Attend an alcohol highway safety school
  • Comply with any court-ordered drug and alcohol treatment

Penalties for Having a High BAC

If the individual had a high rate of alcohol (.10% to less than 0.16% BAC), they face harsher penalties, including: 1) at least 48 hours in jail, 2) a $500 to $5,000 fine, 3) attend an alcohol highway safety school, and 4) complete all drug and alcohol treatment requirements.

If the DUI defendant had a BAC of 0.16% or higher, then they face the harshest penalties, including a minimum of 72 hours behind bars, and a fine ranging between $1,000 and $5,000 among other penalties.

If you are facing DUI charges, you should speak with a DUI attorney from Crisp & Associates, LLC. Not only do we handle state and federal cases, Attorney DePowell is a former police officer who understands how law enforcement and the prosecution seek DUI convictions.

Contact our firm today to schedule your free case evaluation.