General Impairment (a)1:

An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.

1st in 10 years: Ungraded misdemeanor, mandatory 6 months probation, $300 fine, AHSS, no license suspension
2nd in 10 years: Ungraded misdemeanor, jail 5 days to 6 months, $300-$2500 fine, AHSS, license suspension 12 months, ignition interlock 1 year, full D&A assessment
3rd in 10 years: Misdemeanor 2, jail 10 days to 2 years, $500-$5,000 fine, license suspension 12 months, ignition interlock 1 year, full D&A assessment

Section 3802 Title 75
Driving under influence of alcohol or controlled substance

When you're charged with driving under the influence, there will likely be a thousand things running through your mind. What is your first step? Do you call an attorney? Do you call your mom and cry? Sit in your room and feel bad for yourself? Everyone is different, but one thing you should absolutely be doing, is research. Not only is it important for you to have an experienced attorney in your corner, but you should also understand the specifications of your charge.

There are several variations to a DUI charge and depending on your age, criminal history and the situation of your arrest, the consequences can break out differently. The main variants to the DUI are as follows in Pittsburgh, PA and the rest of the state

High rate of alcohol (B)

An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least 0.10% but less than 0.16% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.


1st in 10 years: Ungraded misdemeanor, jail 48 hours to 6 months, $500-$5,000, AHSS, license suspension 12 months, full D&A assessment
2nd in 10 years: Ungraded misdemeanor, jail 30 days to 6 months, $750-$5,000 fine, AHSS, license suspension 12 months, ignition interlock 1 year, full D&A assessment
3rd in 10 years: Misdemeanor 1, jail 90 days to 5 years, $1,500-$10,000 fine, license suspension 18 months, ignition interlock 1 year, full D&A assessment
4th in 10 years: Misdemeanor 1, jail 1 year to 5 years, $1,500-$10,000 fine, license suspension 18 months, ignition interlock 1 year, full D&A assessment

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Controlled substances (D)

An individual may not drive, operate or be in actual physicalcontrol of the movement of a vehicle under any of the following circumstances:
(1) There is in the individual's blood any amount of a:
(i) Schedule I controlled substance, as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act;
(ii) Schedule II or Schedule III controlled substance, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, which has not been medically prescribed for the individual; or
(iii) metabolite of a substance under subparagraph (i) or (ii).
(2) The individual is under the influence of a drug or combination of drugs to a degree which impairs the individual's ability to safely drive, operate or be in actual physical control of the movement of the vehicle.
(3) The individual is under the combined influence of alcohol and a drug or combination of drugs to a degree which impairs the individual's ability to safely drive, operate or be in actual physical control of the movement of the vehicle.
(4) The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. ยง 7303 (relating to sale or illegal use of certain solvents and noxious substances).

1st in 10 years: Ungraded misdemeanor, jail 72 hours to 6 months, $1,000-$5,000, AHSS, license suspension 12 months, full D&A assessment
2nd in 10 years: Misdemeanor 1, jail 90 days to 5 years, $1,500-$10,000 fine, AHSS, license suspension 18 months, ignition interlock 1 year, full D&A assessment
3rd in 10 years: Misdemeanor 1, jail 1 to 5 years, $2,500-$10,000 fine, license suspension 18 months, ignition interlock 1 year, full D&A assessment

General impairment (a)2:

An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is at least 0.08% but less than 0.10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

1st in 10 years: Ungraded misdemeanor, mandatory 6 months probation, $300 fine, AHSS, no license suspension
2nd in 10 years: Ungraded misdemeanor, jail 5 days to 6 months, $300-$2500 fine, AHSS, license suspension 12 months, ignition interlock 1 year, full D&A assessment
3rd in 10 years: Misdemeanor 2, jail 10 days to 2 years, $500-$5,000 fine, license suspension 12 months, ignition interlock 1 year, full D&A assessment

Highest rate of alcohol (C)

An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is 0.16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.

1st in 10 years: Ungraded misdemeanor, jail 72 hours to 6 months, $1,000-$5,000, AHSS, license suspension 12 months, full D&A assessment
2nd in 10 years: Misdemeanor 1, jail 90 days to 5 years, $1,500-$10,000 fine, AHSS, license suspension 18 months, ignition interlock 1 year, full D&A assessment
3rd in 10 years: Misdemeanor 1, jail 1 to 5 years, $2,500-$10,000 fine, license suspension 18 months, ignition interlock 1 year, full D&A assessment