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Law Offices of Alvin F. de Levie
TALK TO ALVIN TODAY FOR FREE
(215) 696-3900

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How an Auto Accident Lawyer can tell you about Driving Laws in PA

  • By Al de Levie
  • 19 Feb, 2018

As the level of intoxication rises, the driver becomes incapable of driving safely. This offense is known as driving under the influence (DUI). Once you receive a DUI conviction, you may receive a sentence such as community service, fine or even jail time and your driver’s license may be revoked.

car keys and handcuffs sitting next to a glass of whiskey on a table

How an Auto Accident Lawyer can tell you about Driving Laws in PA


It is a known fact that the worst thing a driver can do is get behind the wheel while being drunk. As the level of intoxication rises, the driver becomes incapable of driving safely. Which leads to in numerous road accidents. This offense is known as driving under the influence (DUI). Once you receive a DUI conviction, you may receive a sentence such as community service, fine or even jail time and your driver’s license may be revoked.


It all depends on the severity of the offense and whether it's the first one or consequent ones. An auto accident lawyer may be able to help you in obtaining driving privileges under few conditions.


DUI laws differ from state to state. It is important to find a personal injury lawyer that understands and specializes in DUI cases. But first, let us look at the various DUI laws, fines and penalties in PA.


In PA, DUI is considered a criminal offense. A blood alcohol concentration (BAC) test is conducted using a breath-analyzer to determine the level of intoxication.The maximum level of blood alcohol concentration for a motor vehicle driver must be 0.08%. This is the standard level used in the United States to classify someone as an “impaired driver”.


PA law also encompasses controlled substances such as marijuana, cocaine, inhalants and other intoxicants. Penalties may vary depending on the level of BAC.


First Offense Penalties & Fines


In case of first-time penalty, you will be charged and convicted for drunken driving.


If your BAC was between .08 -.99 : a 6 month probation period, as well as a fine of $300, will be levied. The motorist will also have to enroll in an alcohol safety class and as well as participate in substance abuse treatment.


If your BAC was between .10-.159 (Impairment DUI that involves injuries, death, or property damage): Anywhere between 2 days to 6 months imprisonment, and fine that can range from $500 to $5000 with a 12-month suspension of your driver’s license. A personal injury lawyer can help you receive a restricted license after 60 days since the suspension of your license, with the court’s permission.


If your BAC was above .16 (DUIs that include controlled substances or the refusal to take a breathalyzer test): you get a jail time of 3 days to 6 months, $1000 to $5000 in fine and a 12-month suspension of your driver’s license. In this case, as well, you will have the opportunity to avail of a restricted license after 60 days of suspension.


DUIs with traveling with a minor passenger: If you were driving under the influence with a passenger under the age of 18, you will be charged with a fine of at least $1000 and 100+ hours of community service. You  could also be looking at jail time of at least 5 years and an 18-month with a suspension of your driver’s license


Second Offense Penalties & Fines


If you are a second time DUI offender, you will be arrested and convicted for drunk driving.


If your BAC was between .08 - .99: you are looking at 5 days to 6 months probation period as well as a fine of $300 to $2500. Your license will be suspended for 12 months. The motorist will also have to enroll in an alcohol safety class and as well as participate in substance abuse treatment.


If your BAC was between .10-.159 (Impairment DUI that involves car accident injuries, death, or property damage): Minimum 30 days to 6 months imprisonment, fine that can range from $750 to $5000 and a 12-month suspension of your driver’s license.


If your BAC was above .16 (DUIs that include controlled substances or the refusal to take a breath-analyser test): 90 days to 5 years in jail, $1500 in fine and an 18-month suspension of your driver’s license.



Third Offense Penalties & Fines


The third time you commit a DUI offense, you will be arrested and convicted under the PA state law.


If your BAC was between .08 -.99: 10 days to 2 years in prison as well as a fine of $500 to $5000. Your license will be suspended for 12 months.


If your BAC was between .10-.159 (Impairment DUI that involves injuries, death, or property damage): 90 days to 5 years imprisonment, fine that can range from $1500 to $10,000 and a 18-month suspension of your driver’s license.


If your BAC was above .16 (DUIs that include controlled substances or the refusal to take a breath-analyser test): 1 to 5 years in jail, minimum $2500 as fine and an 18-month suspension of your driver’s license.


Ignition interlock device: For all second and 3rd offenses, it is mandatory that you install an ignition interlock device on your vehicle for 1 year. You will also be required to attend alcohol screening and rehabilitation sessions.



If you or your loved one have been charged with a DUI offense, call and talk to one of our personal injury attorney at 844-777-2529 to know what your best options are. Alvin F. de Levie can help you with your personal injury case.



Alvin F. de Levie is a 1973, Phi Beta Kappa graduate of the Pennsylvania State University and a 1976 graduate of the Villanova University School of Law. He is an expert in Pennsylvania Law revolving around medical malpractice and personal injury. 


Mr. de Levie has consistently been voted by his peers to receive Martindale-Hubbell's "AV Preeminent" 5.0 out of 5.0 rating. An AV Preeminent rating is the highest possible rating in both legal ability and ethical standards. 


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