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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
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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.
Where can I get DUI / DWI legal advice?
If you have been charged with a DUI / DWI
and you want to discuss your legal rights please contact the
law firm below
to schedule a free consultation or click on the ad to learn
more. |
