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In Pennsylvania, if you are of legal drinking age (21 or older), you are considered to be driving "while under the influence" if your blood alcohol level is 0.08 or higher. But, you also may be convicted of DUI at lower BAC levels, if you are stopped by police for driving erratically (too slow, too fast, straddling your lane, making wide turns, stopping for no reason, failing to obey traffic signs and signals, etc.). Additionally, the legal limit for commercial drivers in Pennsylvania is a BAC of 0.04 or above.
The extent of your penalties for a DUI in Pennsylvania depends on your BAC (Blood Alcohol Content) and is separated into 3 different categories:
(1) BAC (0.08-0.099),
(2) BAC (0.10-0.159), and
(3) BAC (0.16 and Up)
According to Pennsylvania’s Implied Consent law you have agreed to take these tests just by being licensed to drive in Pennsylvania. If the police arrest you for DUI of alcohol or drugs and you refuse to take one (1) or more chemical tests of breath, blood or urine, your driving privilege will be automatically suspended for one (1) year. This suspension is in addition to the suspension imposed for a DUI conviction.
Even if you are found not guilty of a DUI conviction, your driving privilege will be suspended for 1 year for a first-time refusal to take a blood, breath or urine test.
If you refuse to take a test and you are found guilty of DUI, your driving privilege may be suspended for 2.5 years, depending on your BAC level at the time of the arrest.
If you refuse chemical testing and have had a prior DUI conviction or a prior refusal for chemical testing, you will face an 18-month suspension for the refusal, plus 18 more months for the DUI conviction, for a total suspension of (3) years.
If it is your first DUI Offense at the general impairment level then you will be eligible. Additionally, you may be eligible if it was your first DUI offense at the high or highest impairment levels.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified drunk driving lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local drunk driving attorney to discuss your specific legal situation.