The Different Types of DUIs in Pennsylvania: What You Need to Know
Driving under the influence (DUI, or sometimes referred to as a DWI) is one of the most common criminal charges in Pennsylvania. If you’ve been charged with a DUI in Luzerne County, it’s important to note that not all DUI charges are the same. Pennsylvania uses a tiered DUI system, meaning the penalties depend on your blood alcohol content (BAC), prior offenses, and other circumstances.
As experienced Luzerne County DUI attorneys, the Moretti Law Firm helps clients understand the charges they face and fight for the best possible outcome.
Pennsylvania’s Tiered DUI System
Pennsylvania divides DUI charges into three tiers based on BAC levels at the time of arrest. Each tier comes with different penalties which are further based on the number of prior offenses.
1. General Impairment DUI (BAC 0.08% – 0.099%)
This is the lowest DUI tier in Pennsylvania. Even though the BAC level is relatively low, the consequences are still serious.
First Offense: Probation, fines, alcohol highway safety school, possible treatment requirements.
Second Offense: At least 5 days in jail, higher fines, license suspension, ignition interlock device.
Third Offense: At least 10 days in jail, significant fines, and longer license suspension.
2. High BAC DUI (BAC 0.10% – 0.159%)
Penalties increase at this level, and even for a first-time offender there can be jail time.
First Offense: 48 hours in jail, license suspension, fines, and alcohol treatment requirements.
Second Offense: At least 30 days in jail, higher fines, one-year license suspension, ignition interlock.
Third Offense: At least 90 days in jail, significant fines, and an 18-month license suspension.
3. Highest BAC DUI (BAC 0.16% and higher)
This is the most severe DUI category and carries the harshest penalties. If a defendant does not consent to a field test, they will be charged with this tier.
First Offense: At least 72 hours in jail, license suspension, and steep fines.
Second Offense: At least 90 days in jail, one-year license suspension, and ignition interlock.
Third Offense: At least one year in prison, 18-month suspension, and heavy fines.
Other Types of DUI Charges in Pennsylvania
In addition to the BAC-based tiers, there are other DUI-related charges that can apply in Luzerne County:
Drug DUI: Driving under the influence of illegal drugs, prescription medications, or a combination of substances. Ordinarily these will be treated as a tier 3 (highest tier) DUI offense.
Minor DUI: For drivers under 21, the legal BAC limit is just 0.02%. Even a small amount of alcohol can result in DUI charges.
Accident-Related DUI: If an accident causes injury or death while under the influence, charges can escalate to aggravated assault by vehicle or vehicular homicide.
Why Hiring a Luzerne County DUI Lawyer Matters
DUI charges in Pennsylvania can have life-changing consequences—loss of your license, heavy fines, jail time, and a permanent criminal record. However, an experienced Luzerne County criminal defense lawyer can:
Challenge the traffic stop and testing procedures
Argue for reduced charges or alternative sentencing programs
Negotiate for probation or treatment programs instead of jail
Protect your driving privileges and your future
Final Thoughts
Pennsylvania takes DUI charges seriously, and the penalties depend on your BAC, prior record, and the circumstances of your arrest. If you are facing a DUI in Luzerne County, Pennsylvania, you don’t have to go through it alone. An experienced Luzerne County DUI lawyer can guide you through the process and fight for the best possible outcome in your case.
If you’ve been charged with a DUI, contact our office today for a confidential consultation.
