First DUI in Pennsylvania

Were you recently arrested for driving under the influence of alcohol or drugs in Harrisburg? If so, you will 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. In contrast, 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) is under the state’s legal limit of .08%.

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

High Rate of Alcohol Statutes

Under Section 3802(b), driving or being in actual physical control of a vehicle with .10% to less than 0.16% BAC within two hours of driving is unlawful. 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

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

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

If you face DUI charges, you should speak with a Crisp & Associates, LLC attorney. Not only do we handle state and federal cases, Crisp and Associates understand how law enforcement and the prosecution seek DUI convictions.