Pennsylvania · Handbook chapter 7 · 6 min read

Chapter 7: Alcohol and drugs

Pennsylvania DUI law: how alcohol and drugs affect driving, BAC limits for adults, under-21 and commercial drivers, implied consent and test refusal, the three penalty levels, ARD, zero tolerance and underage drinking.

Why this chapter matters

Drinking drivers are involved in about 40 percent of all traffic deaths. Every permit test includes alcohol questions, and Pennsylvania's penalty levels and under-21 rules are full of numbers worth learning.

How alcohol affects you

• Even a small amount reduces concentration, perception, judgment and memory. No one can drink and drive safely.
• As alcohol builds up, errors increase, reactions slow and control drops, while you feel more confident, not less.
• At a BAC of .04 (half the adult limit) a driver is two to seven times more likely to crash than a sober driver.
• BAC depends on age, weight, gender, physical condition, food eaten and any drugs or medicine in your system.
• One drink is 1.5 oz of 80-proof liquor, 12 oz of regular beer or 5 oz of wine.
• An average-weight person needs at least one hour to process each drink. More than one drink an hour is very likely to push you over the limit, and the rule does not work for everyone: smaller people, and often women, reach a higher BAC.
• Only time sobers you up. Coffee and cold showers do not.

The only safe amount to drink before driving is zero.

Drugs and driving

Many illegal, prescription and over-the-counter drugs impair driving, and drugs other than alcohol are involved in about 20 percent of motorist deaths each year. Mixing drugs and alcohol multiplies the risk.

• Marijuana slows reactions, distorts judgment of time and distance and reduces coordination.
• Cocaine and methamphetamine can make drivers aggressive and reckless.
• Sedatives can cause dizziness and drowsiness; opioids cause drowsiness and slow reactions.
• Sleeping pills, cough medicine, antihistamines and decongestants can all affect driving.

Read warning labels and ask your doctor or pharmacist. A label that warns against operating heavy machinery includes your car.

What counts as DUI

You can also be convicted at a lower BAC if police stop you for driving erratically: too slow or too fast, straddling lanes, wide turns, stopping for no reason or ignoring signs and signals.

Implied consent

By holding a Pennsylvania license you have already agreed to a chemical test of breath or blood if arrested for DUI.

• Refusing brings an automatic one-year suspension, on top of any DUI suspension, even if you are later found not guilty of DUI.
• Refuse and be found guilty, and the suspension can reach two and a half years, depending on your BAC.
• Refuse with a prior DUI or refusal, and you face 18 months for the refusal plus 18 months for the DUI: three years in all.
• A refusal also carries a chemical test refusal restoration fee: $653 for a first offense, $1,309 for a second and $2,616 for a third or later, paid by certified check or money order. It comes on top of the standard restoration fee.

Penalty levels

Penalties rise with your BAC, the harm caused and the number of offenses. Alcohol highway safety school is required for first and second offenses at every level, the court may order screening and treatment, and a judge may add up to 150 hours of community service. Repeat and high-BAC offenders, and drivers suspended for refusal, must use an ignition interlock.

• The high rate table also applies to drivers under 21 at .02 or more, commercial drivers at .04 or more, school bus drivers at .02 or more, and drivers at .08 to .099 who cause a crash with injury, death or damage.
• The highest rate table also applies to anyone who refuses testing and to drivers under the influence of non-prescribed Schedule I, II or III drugs, drug-and-alcohol combinations or inhalants.
• Second and third offenses carry longer prison terms, higher fines and suspensions of 12 or 18 months.

ARD

A first-time offender may be accepted into Accelerated Rehabilitative Disposition (ARD). It means losing your license for up to 90 days, an alcohol and drug evaluation, six months of court supervision, a fine of $300 to $5,000, treatment if needed, and 12 1/2 hours of Alcohol Highway Safety School.

Zero tolerance for drivers under 21

Traffic crashes are the leading cause of death for U.S. teenagers. Pennsylvania lets drivers under 21 have essentially no measurable alcohol: the DUI threshold is .02. A first under-21 DUI conviction means 2 days to 6 months in jail, a one-year suspension and a fine of $500 to $5,000.

Underage drinking

• Under 21, it is illegal to buy, drink, possess or transport alcohol, or to have it in the vehicle you drive.
• Police do not need parental consent to test an arrested minor's breath, blood or urine, but they will notify the parents.
• The minimum penalty is a fine of up to $500 plus costs, and the court may order evaluation and alcohol education or counseling.
• Adults, including parents, who knowingly supply alcohol to minors face a fine of at least $1,000 for the first offense and $2,500 for each further offense, and up to a year in jail.