In Pennsylvania, officers can charge drivers with driving under the influence (DUI) if they consumed enough alcohol to impair their ability to drive safely. By law, this usually means the driver’s blood alcohol content (BAC) level is at least .08%, but the state can still charge motorists with lower BACs for as long as an officer has observed their unsafe driving.
Not only is the state strict regarding the minimum BAC limits, but Pennsylvania also comes down hard on drivers whose BACs are too high.
The highest rate of alcohol
Per state law, a driver whose BAC is .16% or higher is considered to have the highest rate of alcohol for purposes of DUI charges. Pennsylvania is also particular about how long a drunk driver has been on the road, so a motorist whose BAC remains at .16% two hours after operating their vehicle is still considered to have the highest rate of alcohol.
Penalties for high BAC
A driver convicted of DUI while having the highest rate of alcohol faces more severe penalties than those with lower BACs, even for a first offense.
Those penalties are:
- First offense: A fine of at least $1,000 and imprisonment for at least 72 hours. The convicted driver must also attend an alcohol highway safety school and comply with any substance treatment requirements.
- Second offense: The driver must pay a fine of at least $1,500 and undergo imprisonment of at least 90 days. The convicted driver must also attend an alcohol highway safety school and comply with any substance treatment requirements.
- Third and subsequent offense: A convicted motorist must pay a fine of at least $2,500 and serve a whole year in imprisonment. The driver must also attend an alcohol highway safety school and comply with substance treatment requirements.
To summarize, having a high BAC will lead to harsher DUI penalties on conviction. However, Pennsylvania’s officers won’t hesitate to charge drunk drivers regardless of their BAC levels. Drivers who face DUI charges might want to consider their legal options or face these enhanced penalties.
