What is Considered a DUI in Philadelphia?

The laws and punishments for a DUI in Philadelphia are somewhat specific in nature as they pertain to the weightiness of an individual’s offense. One thing to remember is that, in this city, a DWI and a DUI mean exactly the same thing. Still, the more popular term that is used in there is DUI. What is considered legally drunk in Philly is a blood alcohol content of .08 or higher, and if you refuse to take the blood test your license can be automatically taken away from you. Law enforcement officials will normally administer this test within a couple of hours after your arrest.

The penalties for a Philadelphia DUI are split up into what are called tiers. These tiers are separated into three levels, the first one being of the lowest penalty. A person would receive this if their BAC is anywhere between .08 and .99. The next lever tier would be of a higher penalty, and pertains to those suspects who had a BAC within the range of .10 and .159. Finally, there is the tier of the highest penalty, which applies to those persons who had a BAC of .16 or more. The punishments will vary depending on if you are a first, second or third time offender.

For example, under the lowest penalty tier, a person on their first offense can receive six months’ probation and a $300 fine, up to six months in jail and a year-long license suspension on their second offense, and up to 24 months behind bars and $500-$5000 dollars in fines on the their third Philadelphia DUI. If it is the second level tier, the higher penalty, you can actually receive up to six months in jail on the first offense, the same amount of time on the second offense with much higher fines, and up to five years behind bars on the third offense.

On the highest penalty tier, the person caught driving drunk will get no less than $1000 in fines and a license suspension of 12 months. That suspension will be 18 months if it’s their second offense, along with anywhere between three months to five years of jail time. A third time offender under this tier of the highest penalty will also receive the 18 month suspension, along with anywhere between $2500-$10,000 worth of fines. They also will have to for an entire year have an ignition interlock device installed for receiving their charge of a DUI in Philadelphia.