DUI DEFENSE

What Are the DUI Alcohol and Drug Limits in Pennsylvania? [Section 3802 Explained]

Q: What is Pennsylvania’s legal blood alcohol limit?
A: Pennsylvania law sets the general limit at 0.08% BAC, but penalties increase at 0.10% and again at 0.16%. This is defined in Section 3802(a)-(c).

Q: What are the penalties for a high BAC in PA?
A: A BAC of 0.10–0.159% results in a High Rate DUI charge. A BAC of 0.16% or higher is a Highest Rate DUI, which includes mandatory jail time and steeper fines.

Q: Can you be charged with DUI without alcohol?
A: Yes. Section 3802(d) says you can be charged if you're under the influence of:

• Any Schedule I drug,
• Non-prescribed Schedule II or III drugs, or
• Any drug that      impairs your ability to drive safely.

Q: What if I’m a minor or commercial driver?
A: The law is stricter:

• Minors (under 21): DUI starts at 0.02% BAC
• School bus drivers: DUI at 0.02%
• Commercial drivers: DUI at 0.04%

Q: What is the two-hour testing rule?
A: Police usually must get a breath or blood sample within 2 hours of driving. However, under Section 3802(g), they can use a delayed test if:

1. They show a valid reason for the delay, and
2. Prove you didn’t drink or use drugs after being      stopped.

Q: What’s the best defense against a Section 3802 DUI charge?
A: Every case is different, but strong DUI defenses may include:

• Challenging the traffic stop or probable cause,
• Questioning the timing, handling, or accuracy of      blood/breath tests,
• Arguing you weren’t in actual physical control     of the vehicle.

🚨 Need Help?
Charged with DUI in Western Pennsylvania?
Call Attorney Edward Nicholson for a free consultation. He knows Section 3802 inside and out—and he’ll fight to protect your record, your license, and your future.

Second and Subsequent DUI Offenses in Pennsylvania

When you're charged with your second or subsequent DUI within 10 years of your first DUI offense in Pittsburgh, you are going to be facing serious DUI penalties in Pennsylvania. Not only are you looking at jail time, fines, and required drug and alcohol treatment, but you will also face lengthy license suspension periods and possibly need to install an ignition interlock system.

General Impairment:

The mandatory penalties for your second DUI with a BAC in the range of .08% to .10% are:

- Jail: 5 days to 6 months

- Fine: $300 to $2,500

- Alcohol Highway Safety School

- License Suspension: 12 months

- Ignition Interlock: 1 year

- Full D&A Assessment

High Tier:

The second DUI with a BAC in the range of .10% to .16% is classified as an Ungraded Misdemeanor and the mandatory penalties are:

- Jail: 90 days to 5 years

- Fine: $750 to $5,000

- Alcohol Highway Safety School

- License Suspension: 12 months

- Ignition Interlock: 1 year

- Full D&A Assessment

Highest Tier:

The second DUI with a BAC higher than .16% is classified as a Misdemeanor 1 and the mandatory penalties are:

- Jail: 90 days to 5 years

- Fine: $1,500 to $10,000

- Alcohol Highway Safety School

- License Suspension: 18 months

- Ignition Interlock: 1 year

- Full D&A Assessment

If you find yourself facing these charges, it’s crucial to consult a qualified DUI attorney in Pennsylvania to navigate these severe penalties.

When you’re facing your first DUI offense in Pittsburgh, Pennsylvania, you may have the opportunity to take advantage of an alternative to the typical criminal court proceedings. The Accelerated Rehabilitation Disposition Program (ARD) is primarily offered to first-time offenders who have otherwise been law-abiding citizens prior to this incident. Having an experienced DUI attorney in Pennsylvania, like Edward Nicholson, can significantly enhance your chances of qualifying for ARD.

Are you eligible?

A DUI offense is eligible for ARD under the following conditions:

• It is a first offense within ten years.

• No one was killed.

• No individual, other than the offender, was seriously injured.

• There were no passengers in the offender’s vehicle under the age of 14 at the time of the offense.

Mandatory License Suspension for ARD is outlined as follows:

• No suspension if BAC (Blood Alcohol Concentration) is under .10% and the offender is not a minor.

• A suspension of 30 days if BAC is .10% to less than .16%.

• A suspension of 60 days if BAC is .16% or greater, if BAC is unknown, or if the DUI involves drugs or violations of Implied Consent.

• A suspension of 90 days if the offender is a minor.

Mandatory Conditions of ARD for a DUI Offense

• Mandatory license suspension as specified.

• Restitution to any individual who incurred a financial loss.

• Payment of any other fees, surcharges, or costs required by law, including fees for AHSS, evaluation, and treatment.

• Any other conditions set by the Court.

• Completion of Alcohol Highway Safety School.

• Probation supervision ranging from a minimum of 6 months to a maximum of 12 months.

• Full D&A Assessment, particularly if BAC is .16 or greater or if the CRN Profile report indicates the necessity for further evaluation for D&A counseling or treatment.

What Happens If You Refuse a DUI Chemical Test in Pennsylvania?

If you’ve been pulled over and arrested for DUI in Pennsylvania, one of the biggest decisions you’ll face is whether to submit to chemical testing—typically breath or blood. But what happens if you refuse?

Under Pennsylvania’s Implied Consent Law, simply driving on public roads means you’ve already agreed to chemical testing if police suspect you of driving under the influence. Refusing the test is your legal right—but it comes at a serious cost.

License Suspension (Even Without a Conviction)

• A first-time refusal     triggers an automatic 12-month license suspension.
• If you’ve had a prior DUI or      prior refusal, that jumps to 18 months.
• You’ll also face a restoration      fee of up to $2,000 to get your license back.

Even if your DUI case is dismissed or you’re found not guilty, the suspension still applies.

Can Refusal Be Used Against You in Court?

Yes. Pennsylvania prosecutors can introduce your refusal as evidence of “consciousness of guilt.” In other words, they may argue you refused the test because you knew you were intoxicated.

What Are the Criminal Penalties?

Refusing the chemical test can enhance penalties if you’re convicted of DUI:

• For a first offense, you      could face 72 hours in jail and a $1,000 fine.
• Multiple offenses can lead to      longer jail time and even steeper fines.

Are There Defenses to a Refusal?

Yes. A skilled DUI lawyer can explore possible defenses, such as:

• Lack of probable cause for      the traffic stop.
• Police failing to properly      explain the consequences of refusal.
• Medical issues that made testing impossible.

Conclusion
Refusing a chemical test in Pennsylvania is not without risk. The consequences are automatic and can be severe. If you’re facing DUI charges after refusing testing, consult with a qualified DUI attorney right away to understand your rights and options.