Back to Drunk Driving Accidents

A person in Pennsylvania shall not drive any vehicle:

• While the amount blood alcohol level of the person who is an adult is 0.08% or greater or a minor is 0.02% or greater
• While under the influence of alcohol to a degree which renders the person incapable of safe driving
• While under the influence of any controlled substance
• While under the combined influence of alcohol and any controlled substance to a degree which renders the person incapable of safe driving

It is considered prima facie evidence if an adult has 0.08%, a minor has 0.02% or anyone operating a commercial vehicle has 0.04% or more blood alcohol level at the time of driving any motor vehicle. The chemical test of the sample of the person's breath, blood, or urine shall be from a sample obtained within two hours after the person drove the automobile.

In some cases, first time DUI offenders may be eligible for the Accelerated Rehabilitative Disposition program. Offenders may not be eligible for the ARD Program if they:

• Have been convicted of a DUI within the past ten (10) years
• Have seriously injured or killed someone as the result of a DUI crash
• District Attorney disqualifies someone due to other requirements

The ARD program consists of the following:

• Restitution
• Up to 12-month license suspension
• Community service
• 6-month court supervision
• Attendance at Alcohol Highway Safety School and its costs
• Court and administrative costs
• Other conditions that a judge may impose

Reference:

"Alcohol and the Law," Pennsylvania Liquor Control Board, 2005.