What Is Pennsylvania’s Legal Level of Blood Alcohol Concentration?
Current law in Pennsylvania sets the legal limit for blood alcohol concentration (BAC) at .08%. Pennsylvania law dictates that it is "unlawful for any person to drive, operate or be in actual physical control of the movement of an automobile, other motor vehicle, truck, motor home or livestock trailer while the amount of alcohol by weight in the blood of said person is eight one-hundredths percent (.08%) or greater by weight of alcohol." In other words, if your BAC is at least .08% , you are presumed to be under the influence of alcohol. The national standard (provided by the National Highway Traffic Safety Administration or NHSTA) is also .08%. According to a report by the Centers for Disease Control and Prevention, twenty-eight people in the United States die every day in motor vehicle crashes that involve an alcohol-impaired driver. This equates to one person every 51 minutes. The annual cost of alcohol-related crashes amounts to $52 billion.
Penalties for Drunk Driving Over the Legal Limit
The legal consequences of being caught driving over the legal alcohol limit in Pennsylvania can vary based on the specific blood alcohol concentration (BAC) reading, any previous DUI convictions, and the circumstances of each individual case. Below is a list of the penalties you could face for a DUI in Pennsylvania, depending on your BAC and driving history:
• First offense with BAC of .08% – .099%: Up to $300 in fines, mandatory substance abuse classes, and a one-year driver’s license suspension.
• First offense with BAC of .10% – .159%: Up to $500 in fines, 48 hours to six months in jail, mandatory substance abuse classes, and a one-year driver’s license suspension.
• First offense with BAC of .16% or higher: Up to $5,000 in fines, 90 days to five years in jail, mandatory alcohol highway safety school classes, and one-year driver’s license suspension.
• Second offense with BAC of .08% – .099%: Up to $1,500 in fines, seven days to six months in jail, two years driver’s license suspension, and mandatory alcohol highway safety classes.
• Second offense with BAC of .10% – .159%: Up to $5,000 in fines, 30 days to one year in jail, mandatory alcohol highway safety classes, and one year driver’s license suspension.
• Second offense with BAC of .16% or higher: Up to $25,000 in fines, 90 days to five years in jail, mandatory alcohol highway safety classes, and one year driver’s license suspension.
• Third offense with BAC of .08% – .099% or a BAC of .10% – .159%: Up to $10,000 in fines, one year to five years in jail, mandatory alcohol highway safety classes, and 18 months driver’s license suspension.
• Third offense with BAC of .16% or higher: Up to $25,000 in fines, one year to five years in jail, and 18 months driver’s license suspension.
It is critical to note that these figures encompass maximum penalties for each DUI offense. Depending on specific factors in your case – such as first-time or subsequent offense, BAC, and whether any mitigating or aggravating factors are present – you may end up serving less time as part of a sentence. In addition to these consequences, however, all DUI offenses come with an automatic six-month suspension of your driver’s license.
If you or someone you know has been charged with a DUI, it is imperative that you enlist an experienced attorney to discuss the options available to you.
Factors That Influence Your Blood Alcohol Concentration
There are a number of factors that can influence a person’s BAC level. For example, a person’s body weight and muscle mass factors into how a particular amount of alcohol may be absorbed by their body. While BAC levels follow a general formula of one standard drink every hour corresponding to a blood alcohol concentration of 0.015 percent, that does not mean that any two people will have the same BAC reading after one hour for the same amount of alcohol consumed.
Since people’s bodies respond to alcohol in different ways, depending on a number of variables (explored below), so too does a person’s BAC level. Further complicating the matter is that Pennsylvania law only prescribes penalties for BAC readings above a particular threshold (general criminal DUI thresholds for a blood alcohol content [BAC] of 0.08 percent, twice the legal limit, or a magnitude exceeding 0.08 percent); thus, any precision regarding BAC levels below the legal limits is not only irrelevant but potentially harmful for those involved in DUI cases.
A person’s tolerance to alcohol can also play a significant role in determining BAC level. Since a frequent drinker requires more alcohol to feel the effects of alcohol than someone who rarely drinks, the same amount of alcohol consumed by two different drinkers may lead to different BAC levels. In this way, tolerance can affect the meaning and implications of BAC readings in DUI tests.
The timing of alcohol consumption is also important when it comes to estimating BAC levels. Alcohol absorbed into the bloodstream can generally increase a person’s BAC level by up to 0.02 percent every half hour. Drinking large amounts of alcohol in a short period of time will, therefore, increase BAC levels more than if the same amount of alcohol were consumed over a longer period of time. This is regardless of one’s tolerance to alcohol. For example, a frequent drinker will see his or her BAC levels rise just as quickly – albeit at a still slower rate than someone with little tolerance to alcohol – if the same amount of alcohol is consumed in the same time span. An increasing BAC level, over time, may serve to undermine any argument regarding the effects of tolerance.
Tips to Remain Below the Legal Limit
Drink in moderation: Spreading out the over time, such as limiting yourself to one beer or one glass of wine every couple of hours, can be a good way to avoid passing the limit and also to be able to better manage how many you do drink. The faster alcohol is consumed, the more quickly your BAC increases.
Know your limits: In addition to understanding the impact of your body size, age, gender, health and other factors on the way alcohol is processed, it’s wise to familiarize yourself with your own personal limits. Perhaps you’ve been tested previously and know how many drinks or beers can get you a 0 . 08 BAC, but everyone’s body is different. The same number of alcoholic beverages that may put an older friend or spouse slightly over the limit may severely impact your own ability to drive safely.
Don’t rely on remedies: Any claim that a drink, food, supplement or exercise can "sober" a person up more quickly is likely to be completely false. Once the alcohol is in your blood, your body will process it at the speed that is natural for it, and trying to trick it into going faster – or slow down its effects – may just result in a rude awakening when you get behind the wheel.
How Your DUI Conviction Will Affect Your Driving Record
A conviction for DUI in the state of Pennsylvania will remain on a person’s driving record for the following ten years. The amount of time and amount of points that are added to a person’s driving record also depends on the severity of the offense, as outlined below.
Misdemeanor Offense – 6 points added and to remain on record for 10 years (e.g. , BAC level greater than .08% but less than .10%).
First license suspension from one day to two months. Driver required to complete Pennsylvania Department of Health APPROVED alcohol highway safety school program and cannot drive on Pennsylvania roadways until completion of the program. The only exception to the inability to drive is if it would be impossible to get to work.
Second license suspension for two to four months. Driver required to complete Pennsylvania Department of Health APPROVED alcohol highway safety school program and cannot drive on Pennsylvania roadways until completion of the program. The only exception to the inability to drive is if it would be impossible to get to work.
Third license suspension for four to 8 months. Driver required to complete Pennsylvania Department of Health APPROVED alcohol highway safety school program and cannot drive on Pennsylvania roadways until completion of the program. The only exception to the inability to drive is if it would be impossible to get to work.
Fourth license suspension for eight months. Driver required to complete Pennsylvania Department of Health APPROVED alcohol highway safety school program and cannot drive on Pennsylvania roadways until completion of the program. The only exception to the inability to drive is if it would be impossible to get to work.
Felony offense – 1 year suspension and to remain on record for 15 years (e.g., BAC greater than .16%).
Suspension of driving privileges for one year, without eligibility to obtain an occupational limited license or to get a hardship license to permit work, school, etc.
Driver must install an ignition interlock device on their vehicle after the driving privilege is restored for one year.
Suspension of vehicle registration for one year.
The DUI statute also recognizes two other tiers of offense above the felony level, one of which is for the highest BAC level and the second of which is if the person refuses to submit to a chemical test. These higher-level offenses are discussed in our discussion regarding section 7543 of the penal code regarding DUI.
Legal Resources and Defense Options
In addition to seeking rehabilitation, individuals charged with a DUI or DWI can defend their case in court. In fact, it is often advised that individuals who have been charged with either of these offenses seek legal counsel. With the help of a qualified local criminal defense attorney, individuals can mount an effective defense and negotiate with prosecutors for alternative sentencing options.
Most DUI and DWI cases can be negotiated down to charges of simple impairment. This requires the advice and representation of an experienced defense attorney who will push for lesser charges before the judge and jury. Even if the charge remains the same and holds up against legal challenges, an attorney can argue for alternative sentencing options that may include treatment programs and counseling instead of fines or imprisonment.
There are many acceptable defenses for a DUI or DWI case . Breathalyzer tests have been known to give false positives, so attorneys may argue for abstaining from this type of test. Additionally, field sobriety tests are not foolproof, and the accused party often gets flustered during the testing, which has a negative impact on his or her results.
Clients should not take blood tests lightly. In these cases, the correct blood must be tested for alcohol content and other substances. The accused party can get a sample of the blood through a subpoena to the medical provider. A defense attorney will know how to use these legal tools effectively.
Driving under the influence doesn’t have to mean heavy charges and hefty sentences. Defending yourself in court is your right in America, and you should take care to exercise this right to the best of your legal ability. You have legal recourse in Pennsylvania and can depend on your attorney’s legal knowledge to find the best defense strategies for your case.