Pennsylvania Law

DUI under Chapter 38:
Major Offenses Defined

OFFENSES:

  1. General Impairment(Unsafe Driving & BAC) - §3802(a):
    • §3802(a)(I) - driving after imbibing enough alcohol to render the person incapable of safe driving (specify if case involved a refusal or an accident resulting in property damage or injury); or
    • §3802(a)(Z) - driving after imbibing enough alcohol such that the BAC is at least 0.08% but less than 0.10% within 2 hours of driving.
  2. High Rate of Alcohol - §3802(b)
    • §3802(b) - driving after imbibing enough such that the person's BAC is at least a 0.10% but less than 0.16% within 2 hours of driving.
  3. Highest Rate of Alcohol - §3802(c):
    • §3802(c) - driving after imbibing enough alcohol such that the person's BAC is 0.16% or higher within 2 hours of driving.
  4. Controlled Substances - §3802(d):
    • §3802(d)(l) - driving with any amount of a schedule I drug, or any amount of schedule I1 or III drugs if not medically prescribed, in the person's blood;
    • §3802(d)(2) - driving under the influence of enough drugs to render the person incapable of safe driving;
    • §3802(d)(3) - driving under the influence of any combination of drugs and alcohol enough to render the person incapable of safe driving; or
    • ยง3802(d)(4) - driving under the influence of a solvent or noxious substance.
  5. Minors - §3802(e):
    • §3802(e) - a person under the age of 21 who drives after imbibing enough alcohol such that the person's BAC is at least 0.02% within 2 hours of driving.
  6. Commercial or School Vehicles - §3802(f):
    • §3802(f)(1)(i) - driving a commercial vehicle after imbibing enough alcohol such that the person's BAC is at least .04% within two hours of driving;
    • §3802(f)(1)(ii) - driving a school vehicle after imbibing enough alcohol such that the person's BAC is at least .02% within two hours of driving;
    • §3802(f)(2) - driving a commercial or school vehicle after imbibing enough alcohol to render the person incapable of safe driving;
    • §3802(f)(3) - driving a commercial or school vehicle under the influence of any controlled substances; or
    • §3802(f)(4) - driving a commercial or school vehicle under the influence of any combination of drugs and alcohol enough to render the person incapable of safe driving.