Pennsylvania DUI Laws and your Professional License

First Five Things to Do

Being accused of a DUI is a very stressful and nerve-wracking experience. There are so many questions that come along with a DUI arrest:

  • Will I lose my driver’s license?
  • Will I go to jail?
  • How much will my fines be?
  • Will I have to go to traffic school?
  • Will my insurance go up?
  • Will the arrest stay on my record?
  • AM I GOING TO LOSE MY JOB?

When you hold a professional license, such as a Nurse, a Doctor, a Pilot, a Teacher, an Attorney, or if you serve in the military, a DUI can mean not only the criminal penalties that come along with a conviction, but the professional ramifications on your license.

If you hold a professional license, your DUI can have long lasting consequences on your career and your future, even if you are a first time offender. A conviction and sometimes even entry into the ARD program can result in a suspension or revocation of your professional license – so not only do you have to deal with the criminal consequences, but you may risk losing your job and your livelihood.

For many license holders, you are required to report your conviction to the licensing board and in many cases a hearing or review of your license will be conducted. If you are a medical doctor, a hearing is held to determine your character and fitness to practice medicine. If you are an attorney, failure to disclose a conviction can result in disbarment and you will no longer be able to practice law. Nurses, Pilots, Dentists, School Teachers, and all professional license holders have similar requirements and face similar consequences.

When your job is on the line, you must have an attorney who is educated and well versed in the area of DUI law with an acute understanding of how this DUI will affect your professional license. Your future livelihood is on the line and you need an attorney who will fight for you and save your job so you can continue to provide for yourself and your family.

You need The McShane Firm. With our years of advanced training, knowledge and experience, we are the right attorneys for the job. We are here to fight for you to save your future. Call 1-866-McShane right now. We can help.

First Offense DUI Penalties

The severity of a First Offense DUI conviction depends on how much alcohol was in your bloodstream when you were pulled over – a ratio called your Blood Alcohol Concentration (BAC). The higher your BAC, the higher the penalties you can expect.

The State of Pennsylvania defines three tiers of impairment based on your BAC:

1. General Impairment

Criteria

  • BAC between .08 and .099%
  • Incapable of safe driving
  • No injury or property damage

Penalties

  • Up to six months probation
  • No license suspension
  • No mandatory jail time
  • No ignition interlock3
  • A fine of $300
  • $50 surcharge
  • $100 Substance Abuse Education and Demand Reduction Fund.
  • Treatment when ordered
  • DUI school
  • ARD eligible

2. High Impairment

Criteria

  • BAC between .10 and 0.159%
  • Minor BAC .02 and 0.159%
  • General Impairment BAC with an accident
  • School Bus Driver with BAC between 0.02% and .159%
  • Commercial Vehicle with BAC between .04 and 0.159%

Penalties

  • Prison sentence of between two days and six months
  • License suspension for 12 months (OLL after 60 days served)
  • Fines between $500 and $5,000
  • $50 surcharge
  • $100 Substance Abuse Education and Demand Reduction Fund.
  • Treatment when ordered
  • DUI school
  • ARD eligible
  • no interlock6

3. Highest Impairment

Criteria

  • BAC of .16% or higher
  • Controlled substance DUI

Penalties

  • Prison sentence of a minimum of three days to a maximum of six months
  • License suspension for 12 months (OLL after 60 days served)
  • Fines between $1,000 and $5,000
  • $50 surcharge
  • $300 Substance Abuse Education and Demand Reduction Fund.
  • Treatment when ordered
  • DUI school
  • no interlock9

Second Offense DUI Penalties

The specific consequences you face for a Second Offense DUI conviction will be based on your Blood Alcohol Concentration (or BAC) – the amount of alcohol that was present in your bloodstream when you were arrested. The higher the BAC, the higher the penalties you will face.

The Commonwealth of Pennsylvania defines three tiers of impairment based on your BAC:

1. General Impairment

Criteria

  • B.A.C. between .08 and .099%
  • No property damage or injury
  • Incapable of safe driving

Penalties

  • Between five days and six months prison sentence
  • License suspension for 12 months
  • Fines between $300 and $2,500
  • $100 surcharge
  • $100 Substance Abuse Education and Demand Reduction Fund.
  • Treatment when ordered
  • ARD possible under limited circumstances
  • 1 year interlock

2. High Impairment

Criteria

  • BAC between .10 and 0.159%
  • Minor B.A.C.= .02 to .159%
  • General BAC with an accident or injury
  • School Bus Driver with BAC between 0.02% and .159%
  • Commercial Vehicle with BAC between .04 and 0.159%

Penalties

  • Prison time ranging from 30 days to six months
  • License suspension for 12 months
  • Fines between $750 and $5,000
  • $100 surcharge
  • $100 Substance Abuse Education and Demand Reduction Fund.
  • Treatment when ordered
  • DUI (MOP) school
  • 1 year interlock

3. Highest Impairment

Criteria

  • BAC of .16% or higher
  • Controlled substance DUI

Penalties

  • First degree misdemeanor conviction
  • Between 90 days and five years in prison
  • License suspension for 18 months (OLL after 12 m served on suspension)
  • Fines of $1,500 to $10,000
  • $100 surcharge
  • $300 Substance Abuse Education and Demand Reduction Fund.
  • Treatment when ordered
  • DUI (MOP) school

Third Offense DUI Penalties

Like your first and second offense, the specific penalties you face for a Third Offense DUI conviction will be based on your Blood Alcohol Concentration (or BAC) – the amount of alcohol that was present in your bloodstream at the time of your arrest. The higher the BAC, the higher the penalties you will face.

The Commonwealth of Pennsylvania defines three tiers of impairment based on your BAC:

1. General Impairment

Criteria

  • B.A.C. between .08 and .099%
  • No property damage or injury
  • Incapable of safe driving

Penalties

  • Misdemeanor of the Second Degree
  • Prison sentence of 10 days to 2 years
  • License suspension for 12 months
  • Fines between $500 and $5,000
  • $200 surcharge
  • $100 Substance Abuse Education and Demand Reduction Fund.
  • Treatment when ordered
  • 1 year interlock

2. High Impairment

Criteria

  • BAC between .10 and 0.159%
  • General BAC with an accident or injury
  • School Bus Driver with BAC between 0.02% and .159%
  • Commercial Vehicle with BAC between .04 and 0.159%
  • Minor B.A.C.= .02 to .159%

Penalties

  • Misdemeanor of the First Degree
  • Prison sentence of 90 days to 5 years
  • License suspension for 18 months
  • Fines between $1,500 to $10,000
  • $200 surcharge
  • $100 Substance Abuse Education and Demand Reduction Fund.
  • Treatment when ordered
  • 1 year interlock

3. Highest Impairment

Criteria

  • BAC of .16% or higher
  • Controlled substance DUI

Penalties

  • Misdemeanor of the First Degree
  • Prison sentence of 1 year up to 5 years
  • License suspension of 18 months
  • Fines between $2,500 and $10,000
  • $200 surcharge
  • $300 Substance Abuse Education and Demand Reduction Fund.
  • Treatment when ordered
  • 1 year interlock