PA Act 24
.08 DUI Legislation

What is PA Act 24?

Act 24, which lowered Pennsylvania's legal limit of alcohol from .10 to .08, was signed into law on September 30, 2003. The new Driving Under the Influence (DUI) Law creates a tiered approach toward DUI enforcement and treatment, and includes many changes to the penalties, terms of suspension, fines and other requirements. The combination of an individual's Blood Alcohol Content (BAC) level, and prior offenses, determines the licensing requirements and penalties. The new law focuses on treatment for first-time DUI offenders, rather than strictly punishment and suspension.

There are now three levels of DUI:

General Impairment (.08 to .099% BAC)
High BAC (.10 to .159% BAC)
Highest BAC (.16% and higher)

Under the new DUI law, minors, commercial drivers, school vehicle or bus drivers, and offenders involved in an accident that injures someone or causes property damage, may be subject to the high BAC penalties even if their BAC is not in the high category. Offenders who refuse breath or chemical testing may be subject to the highest BAC penalties. The following charts show the penalties for each of the BAC categories:

General Impairment Penalties
(Undetermined BAC, .08 to .099% BAC)
 

No prior DUI offenses	Ungraded misdemeanor Up to 6 months probation $300 fine Alcohol highway safety school Treatment when ordered
1 prior DUI offense	Ungraded misdemeanor 12 month license suspension 5 days to 6 months jail time $300 to $2,500 fine Alcohol highway safety school Treatment when ordered 1 year ignition interlock
2 or more prior DUI offenses	2nd degree misdemeanor 12 month license suspension 10 days to 2 years prison $500 to $5,000 fine Treatment when ordered 1 year ignition interlock

High BAC Penalties
(.10 to .159% BAC)

The new law creates a higher set of penalties for those having higher BAC levels. It allows for treatment at all levels, and requires alcohol highway safety school for all first and second time offenders.
 

No prior DUI offenses	Ungraded misdemeanor 12 month license suspension 48 hours to 6 months prison $500 to $5,000 fine Alcohol highway safety school Treatment when ordered
1 prior DUI offense	Ungraded misdemeanor 12 month suspension 30 days to 6 months prison $750 to $5,000 fine Alcohol highway safety school Treatment when ordered 1 year ignition interlock
2 or more prior DUI offenses	1st degree misdemeanor 18 month license suspension 90 days to 5 years prison $1,500 to $10,000 fine Treatment when ordered 1 year ignition interlock
3 or more prior DUI offenses	1st degree misdemeanor 18 month license suspension 1 to 5 years prison $1,500 to $10,000 fine Treatment when ordered 1 year ignition interlock

Highest BAC Penalties
(.16% and higher) or Controlled Substance

For those at the highest BAC levels, the new law has strict penalties, but also allows for treatment. This even-handed approach allows for individuals to receive counseling for their alcohol problem, while still penalizing those who choose to continue the dangerous practice of drinking and driving. In addition, drivers under the influence of controlled substances and those who refuse breath or chemical testing are subject to the highest BAC category penalties.
 

No prior DUI offenses	Ungraded misdemeanor 12 month license suspension 72 hours to 6 months prison $1,000 to $5,000 fine Alcohol highway safety school Treatment when ordered
1 prior DUI offense	1st degree misdemeanor 18 month license suspension 90 days to 5 years prison $1,500 to $10,00 fine Alcohol highway safety school Treatment when ordered 1 year ignition interlock
2 or more prior DUI offenses	1st degree misdemeanor 18 month license suspension 1 to 5 years prison $2,500 to $10,000 Treatment when ordered 1 year ignition interlock

Important Notice

This information is generic and may or may not apply to this particular city, county, state or your individual circumstances. State laws vary and are continuously changing. This information does not necessarily reflect the laws in Pennsylvania.  It is not intended to be a source of legal advice or a substitute for qualified legal counsel.  Your access to and use of this web site is subject to additional terms and conditions found in our Terms of Use.  Please read it now.

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