Pennsylvania has faced a decades-long battle with drunk driving. The Keystone State reportedly has one of the highest rates of DUI in the country, but thanks to recent changes in legislation, the deadly trend is beginning to improve.
Why Pennsylvania Updated its DUI Laws
Over the years, concerned groups and individuals have asked for legislation reform regarding DUI law in Pennsylvania. High-profile tragedies and years of concerning data prompted lawmakers to update certain laws to protect public safety.
These are some of the findings that compelled lawmakers to act:
- In Pennsylvania, about 40% of all DUI fatalities are caused by repeat DUI offenders
- 50,000 new DUI cases occur annually in Pennsylvania
- In 2016, the Keystone State saw 10,456 DUI convictions associated with repeat DUI offenses
- 14% to 20% of all intoxicated drivers in fatal crashes have a suspended or revoked license
- 50% to 75% of convicted drunk drivers continue to drive on a suspended license
Changes to DUI Law in Pennsylvania
Pennsylvania enacted substantial re-writes of its DUI laws in 2004, 2014, 2016, and 2018. Effective February 1, 2004, individuals arrested for DUI face harsher penalties for all levels of DUI (general impairment, high rate, highest rate of alcohol, and controlled substance).
These are some of the elements included in the 2004 revision:
- (75 Pa.C.S. Section 3802) (a) – General Impairment – (1) An individual may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the vehicle; (2) An individual may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is at least .08% but less than .10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.
- (75 Pa.C.S. Section 3802) (b) – High Rate of Alcohol – An individual may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is at least .10% but less than .15% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.
- (75 Pa.C.S. Section 3802) (c) – Highest Rate of Alcohol – An individual may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is at least .16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.
- (75 Pa.C.S. Section 3802) (d) – Controlled substances – An individual may not be in actual physical control of the movement of a vehicle under any of the following circumstances: (1) there is in the individual’s blood any amount of a (i) Schedule I controlled substance, as defined in the Controlled Substance, Drug, Devise and Cosmetic Act or (ii) Schedule II or Schedule III controlled substance, as defined in the Controlled Substance, Drug, Devise and Cosmetic Act which has not been medically prescribed for the individual or (iii) metabolite of a substance under paragraph (i) or (ii).
- (75 Pa.C.S. Section 3802) (e) – Minors – A minor (an individual under 21 years of age) may not be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is .02% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.
- In 2014, the Pennsylvania Senate passed additional changes to DUI law in an effort to close the legal “loopholes” for repeat offenders. The law states that drivers arrested for DUI can no longer have their second DUI treated as a first offense due to timing. The revision also maintains that drivers accused of DUI will face harsher penalties by refusing a chemical or breath test.
- In 2016, the Pennsylvania Senate unanimously approved a law that would expand the use of ignition interlock devices (IIDs) for people arrested for driving under the influence. Senate Bill 290 allows for DUI offenders to be immediately eligible for an IID as long as they were not charged with DUI in the past 10 years.
- In 2018, Senate Bill 961 was signed into law by an overwhelming majority. The Bill introduced a new felony classification for repeat DUI offenders. Under this law, a person convicted of a third-offense DUI can be charged with a felony if their BAC was 0.16% or higher. A fourth-offense DUI is treated as a felony regardless of the offender’s BAC.
Bill 961 also increased the penalties for vehicular homicide while driving under the influence, especially if the offender has prior DUI convictions. A person convicted of DUI with a prior conviction faces a minimum prison sentence of five years; if they have two prior DUIs, the minimum sentence increases to seven years.
To learn more about the stipulations covered in Bill 961 (signed into law in 2018), visit the Pennsylvania General Assembly page.
- Refusal of Breath, Blood or Urine Test – If you refused to take a breath, blood or urine test after being arrested for DUI in Pennsylvania, your license will be suspended for a period of not less than 1 year and a 3 days mandatory incarceration. A person should take immediate action if chemical tests were refused.
The arresting officer must forward Notice of Refusal (DL-26 Form), to inform Pennsylvania Department of Transportation (PennDOT) of driver’s refusal. Once received, PennDOT forwards order to driver that licence shall be suspended in 30 days from the date of correspondence. Driver has 30 days from correspondence date to appeal in a civil proceeding.
The new DUI laws are harsh and complex. It is virtually impossible to have your charges dropped or reduced on your own. You must contact a Pennsylvania DUI attorney today. Call Steven Kellis at (215) 940-1200 to schedule your free case consultation.