If you are a Pennsylvania resident, you could still face penalties for driving under the influence if you get a DUI in a different state. Furthermore, the out-of-state DUI usually counts as a previous offense if you later receive a DUI conviction in Pennsylvania. That means you will face increased penalties for a second DUI.
We encourage you to work with a knowledgeable DUI defense lawyer if you face DUI charges in Pennsylvania for an out-of-state DUI. Your attorney can protect your rights, represent you during the case, and help you explore options for reducing or avoiding DUI penalties.
Understanding Pennsylvania Law Regarding DUIs in a Different State
Being in physical control of a motor vehicle while impaired by alcohol or a controlled substance is against the law in every state. However, drunk driving laws and the associated penalties vary by state.
Pennsylvania uses a tiered approach to drunk driving charges and the associated penalties. There are three different offenses involving driving under the influence:
- General Impairment: A general impairment DUI occurs when somebody’s blood alcohol content (BAC) is between 0.08% and 0.10%.
- High BAC: A high BAC DUI occurs when someone’s BAC is between 0.10% and 0.16%.
- Highest BAC: If your BAC exceeds 0.16%, your offense falls in the highest BAC category and carries the strictest penalties.
Pennsylvania treats an out-of-state DUI conviction as a general impairment offense under 75 Pa. CSA § 3802 if it is your first DUI. This law makes it illegal to operate a motor vehicle if:
- You cannot safely drive your vehicle due to impairment.
- Your BAC is at least 0.08% but less than 0.10% within two hours of driving.
Driver License Compact (DLC) States
To fully understand the impact of an out-of-state DUI in Pennsylvania, you must understand how the Driver License Compact (DLC) works. PennDOT Driver & Vehicle Services explains the DLC enforces a “one driver license” concept in which traffic offenses “follow” motorists from state to state. States that are DLC members must share information about DUIs and other traffic offenses with the driver’s home state.
Presently, 46 states and the District of Columbia form the Driver License Compact. If you receive a DUI in a DLC-participating state, that state must inform Pennsylvania of your DUI. Non-DLC states can share information about drunk driving charges and traffic citations at their discretion.
General DUI Penalties in Pennsylvania
The DUI penalties you face if convicted in Pennsylvania depend on your blood alcohol content at the time of the arrest. The higher your blood alcohol content, the greater your impairment and the more dangerous it is to operate a motor vehicle. Consequently, DUI penalties are more severe when the driver has a higher BAC.
If you receive a first-time, out-of-state DUI, Pennsylvania law treats it as a general impairment DUI offense. General impairment DUIs are the lowest-level DUI offenses, and authorities charge them as ungraded misdemeanors. However, this treatment does not mean that a first-time DUI is not a serious matter. The consequences of a general impairment DUI can still affect your life significantly.
Penalties for a first-time general impairment DUI include:
- Up to 6 months of probation
- A $300 fine
- Mandatory alcohol highway safety classes
- Drug or alcohol addiction treatment, in some cases
Second and Subsequent Offenses Involving Out-Of-State DUIs
If you have a prior DUI offense on your record within the last 10 years, you face more severe penalties for a second offense:
- From 5 days to 6 months in jail
- A 12-month driver’s license suspension
- Up to a $2,500 fine
- Mandatory alcohol highway safety classes
- Drug or alcohol addiction treatment, in some cases
- 1-year compulsory use of an ignition interlock device
If you have more than two prior DUIs on your record, a subsequent DUI is a second-degree misdemeanor. If convicted, you face the following penalties:
- A 12-month license suspension
- 10 days to 2 years in prison
- Up to a $5,000 fine
- Drug or alcohol addiction treatment, in some cases
- Mandatory 1-year use of an ignition interlock device
Driver’s License Suspension for Out-of-State DUI
Many people arrested for DUI in another state wonder whether they will lose their license. There is no driver’s license suspension if you get an out-of-state DUI and do not have any previous DUIs on your record. However, this only applies if Pennsylvania treats your out-of-state conviction as a first offense under the general impairment statute.
If you have a prior DUI on your record, an out-of-state DUI will count as a second offense, and the state will suspend your driver’s license for one year. It is also critical to note that Pennsylvania will recognize the suspension if another DCL state suspends your license.
In addition, if you receive a DUI in another state, then a second DUI in Pennsylvania, you might not qualify for the Accelerated Rehabilitative Disposition (ARD) program.
How a Lawyer Can Help You if You Received a DUI in a Different State
Several factors can affect a DUI case. For example, if the police in another state arrest you for a DUI, consider retaining a lawyer who understands the laws in both states. They can advise you based on your specific situation.
A skilled DUI lawyer can also help you fight the charges. Your lawyer could challenge the evidence against you, question the legality of the traffic stop, or ask the prosecution to reduce your charges. Their assistance could minimize consequences such as fines, license suspension, probation, and incarceration.
Perhaps even more importantly, working with a lawyer gives you peace of mind. Facing a DUI charge can feel overwhelming. However, having a lawyer on your side means you have someone protecting your rights and helping you every step of the way.
Contact Our Pennsylvania DUI Lawyer for Help
New York, New Jersey, Delaware, Maryland, West Virginia, and Ohio border Pennsylvania. Thus, Pennsylvania residents could travel out of state and later face drunk driving charges. If you were arrested for drunk driving in another state and live in Pennsylvania, our Pennsylvania DUI defense lawyer can help.
Pennsylvania Attorney David C. McKenzie III is well-versed in DUI law and can provide trustworthy legal assistance during your case. So, call McKenzie Law Firm, P.C., today to schedule your free, confidential consultation.
