General Impairment DUI
General impairment is the baseline DUI charge and is established under 75 Pa.C.S. § 3802
(a) through two alternative methods:
● Incapacity to Safely Drive: Under subsection (a)(1), an individual is prohibited from driving, operating, or being 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 75 Pa.C.S. § 3802, Commonwealth v. Houck, 2014 PA Super 213. Unlike other alcohol-related provisions, a chemical blood or breath test is not required to prove a violation of subsection (a)(1) Commonwealth v. Griffith, 613 Pa. 171
● Specific BAC Range: Under subsection (a)(2), an individual may not drive, operate, or be in actual physical control of a vehicle after imbibing a sufficient amount of alcohol such that their blood or breath alcohol concentration (BAC) is at least 0.08% but less than 0.10% within two hours after driving 75 Pa.C.S. § 3802, Commonwealth v. Houck, 2014 PA Super 213
High Rate of Alcohol DUI
Pursuant to 75 Pa.C.S. § 3802(b), a high rate of alcohol DUI is charged when an individual drives, operates, or is in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that their BAC is at least 0.10% but less than 0.16% within two hours after driving 75 Pa.C.S. § 3802, Commonwealth v. Houck, 2014 PA Super 213. This charge constitutes a lesser-included offense of the highest rate of alcohol DUI Commonwealth v. Houck, 2014 PA Super 213
Highest Rate of Alcohol DUI
Pursuant to 75 Pa.C.S. § 3802(c), the highest rate of alcohol DUI is charged when an individual drives, operates, or is in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that their BAC is 0.16% or higher within two hours after driving 75 Pa.C.S. § 3802, Commonwealth v. Houck, 2014 PA Super 213, Commonwealth v. Fallon, 2022 PA Super 92
Drug (Controlled Substance) DUI
(d), an individual may not drive, operate, or be in actual physical control of a vehicle under any of the following drug-related circumstances:
1. There is any amount of a Schedule I controlled substance, a non-medically prescribed Schedule II or Schedule III controlled substance, or a metabolite of these substances in the individual’s blood 75 Pa.C.S. § 3802
2. The individual is under the influence of a drug or combination of drugs to a degree that impairs their ability to safely drive 75 Pa.C.S. § 3802, Commonwealth v. Deluca, 2025 Pa. Super. Unpub. LEXIS 633. To convict under this specific subsection, the Commonwealth is not required to measure the drug in the blood, introduce expert testimony, or specify the exact type of evidence, and may rely on the totality of direct and circumstantial evidence of impairment Commonwealth v. Deluca, 2025 Pa. Super. Unpub. LEXIS 633, Commonwealth v. DiPanfilo, 2010 PA Super 59
3. The individual is under the combined influence of alcohol and a drug or combination of drugs to a degree that impairs their ability to safely drive 75 Pa.C.S. § 3802
4. The individual is under the influence of an illegal solvent or noxious substance 75 Pa.C.S. § 3802
Underage DUI
Under Pennsylvania law, there are two distinct statutory tracks for minors (defined as individuals under 21 years of age) 75 Pa.C.S. § 3718:
● DUI as a Minor: Under 75 Pa.C.S. § 3802(e), a minor may not drive, operate, or be in actual physical control of a vehicle after imbibing a sufficient amount of alcohol such that their BAC is 0.02% or higher within two hours after driving 75 Pa.C.S. § 3802, Commonwealth v. Wandel, 2014 Pa. Super. Unpub. LEXIS 145
● Underage Possession/Operation (Summary Offense): Separately, 75 Pa.C.S. § 3718(a) prohibits a minor from driving, operating, or being in physical control of a motor vehicle while having any alcohol in their system 75 Pa.C.S. § 3718. A violation of this section is a summary offense carrying a fine of $100 75 Pa.C.S. § 3718
Commercial Driver DUI
(f). An individual may not drive, operate, or be in actual physical control of a commercial vehicle, school bus, or school vehicle under the following circumstances:
● Their BAC is 0.04% or greater within two hours after driving a commercial vehicle (other than a school bus or school vehicle) 75 Pa.C.S. § 3802
● Their BAC is 0.02% or greater within two hours after driving a school bus or school vehicle 75 Pa.C.S. § 3802
● They have imbibed a sufficient amount of alcohol to be rendered incapable of safely driving 75 Pa.C.S. § 3802
● They are under the influence of a controlled substance or a combination of alcohol and controlled substances 75 Pa.C.S. § 3802
Additionally, a commercial driver is deemed to have given implied consent to chemical testing of breath, blood, or urine upon reasonable grounds to believe they have any alcohol in their system 75 Pa.C.S. § 1613. Acceptance of an Accelerated Rehabilitative Disposition (ARD) program for a DUI offense counts as a “conviction” under the Uniform Commercial Driver’s License Act, and a second conviction can result in a lifetime disqualification of commercial driving privileges Chappell v. Commonwealth, 2023 Pa. Commw. Unpub. LEXIS 566
Repeat Offender DUI
The penalties and grading for DUI charges escalate significantly based on prior offenses within a 10-year lookback period:
● Diversion Programs as Prior Offenses: Under 75 Pa.C.S. § 3802(h), driving within 10 years of completing an ARD program or a similar pretrial diversion program constitutes a violation 75 Pa.C.S. § 3802. Completion of such a program counts as a prior offense for grading and sentencing purposes 75 Pa.C.S. § 3802, 75 Pa.C.S. § 3803
● Grading Escalation: Under 75 Pa.C.S. § 3803, a basic general impairment DUI is a ungraded misdemeanor for a first or second offense 75 Pa.C.S. § 3803. However, if an offender has two prior offenses, a subsequent general impairment DUI is graded as a second-degree misdemeanor 75 Pa.C.S. § 3803. If the offender has three or more prior offenses, or a prior conviction for homicide by vehicle while DUI, the offense is graded as a third-degree felony 75 Pa.C.S. § 3803
● Sentencing Escalation: Mandatory minimum sentences increase based on the tier of DUI and the number of prior offenses 75 Pa.C.S. § 3804. For example, a first-offense general impairment DUI requires a mandatory minimum of six months’ probation 75 Pa.C.S. § 3804. Conversely, a second-offense high rate DUI carries a mandatory minimum of 30 days’ imprisonment, and a second-offense highest rate or drug DUI carries a mandatory minimum of 90 days’ imprisonment 75 Pa.C.S. § 3804
Qualifications and Procedural Exceptions
● The Two-Hour Rule Exception: For charges relying on a specific BAC threshold within two hours of driving, the Commonwealth may introduce blood or breath tests taken more than two hours after driving if it shows good cause for the delay and establishes that the defendant did not consume alcohol or controlled substances between the time of arrest and the sample collection 75 Pa.C.S. § 3802. Circumstantial evidence may also be used to infer that a test was administered within the two-hour window Commonwealth v. Teems, 2013 PA Super 147
● Victim Impact Panels: In addition to standard criminal penalties, courts are authorized to order any individual who violates § 3802 to attend a non-profit victim impact panel program 75 Pa.C.S. § 3804
Under Pennsylvania law, driving under the influence (DUI) is governed primarily by 75 Pa.C.S. § 3802. The statute structures DUI offenses into distinct tiers based on the level of impairment, the type of substance, and the classification of the driver 75 Pa.C.S. § 3802, Commonwealth v. Houck, 2014 PA Super 213