We all know that driving under the influence of alcohol carries serious penalties in every state in the U.S., including Pennsylvania. (Still, 1.5 million of us nationwide are arrested for drunk driving every year.) Less well-known is that drivers in Pennsylvania can also face DUI charges for driving under the influence of marijuana.

Pennsylvania DUI Laws

The first part of Pennsylvania’s DUI statute defines DUI as driving, operating, or being in control of a vehicle after ingesting enough alcohol to result in:

  • A blood-alcohol level over .08% within two hours of driving a vehicle, or
  • Impairment is “such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.”

Subsequent sections of the statute, however, expand the definition to include driving under the influence of controlled substances—which includes marijuana.

Penalties for DUIs in Pennsylvania

Pennsylvania has a tiered system of penalties for DUIs, which depends on the level of impairment and whether the offender is a repeat offender. The penalties are categorized into three tiers based on the blood alcohol concentration (BAC) at the time of arrest.

General Impairment (BAC of .08% to .099%)

  • First Offense: Misdemeanor, up to six months of probation, a $300 fine, mandatory attendance at alcohol highway safety school, and possible court-ordered treatment.
  • Second Offense: Misdemeanor, five days to six months in prison, $300 to $2,500 in fines, one-year license suspension, alcohol highway safety school, and mandatory treatment.
  • Third and Subsequent Offenses: Misdemeanor, 10 days to two years in prison, $500 to $5,000 in fines, one-year license suspension, and mandatory treatment.

High BAC (BAC of .10% to .159%)

  • First Offense: Misdemeanor, 48 hours to six months in prison, $500 to $5,000 in fines, 12-month license suspension, and alcohol highway safety school.
  • Second Offense: Misdemeanor, 30 days to six months in prison, $750 to $5,000 in fines, 12-month license suspension, alcohol highway safety school, and mandatory treatment.
  • Third and Subsequent Offenses: Misdemeanor, 90 days to five years in prison, $1,500 to $10,000 in fines, 18-month license suspension, and mandatory treatment.

Highest BAC (BAC of .16% and higher) or Controlled Substances

  • First Offense: Misdemeanor, 72 hours to six months in prison, $1,000 to $5,000 in fines, 12-month license suspension, and alcohol highway safety school.
  • Second Offense: Misdemeanor, 90 days to five years in prison, $1,500 to $10,000 in fines, 18-month license suspension, and mandatory treatment.
  • Third and Subsequent Offenses: Felony, one to five years in prison, $2,500 to $10,000 in fines, 18-month license suspension, and mandatory treatment.

In addition to these penalties, all DUI convictions result in a permanent criminal record, which can impact future employment opportunities, insurance rates, and your ability to secure certain professional licenses. Pennsylvania also has an “ignition interlock” requirement for repeat offenders, which mandates the installation of a device that requires a breath sample before the vehicle can start.

Marijuana DUI

The rules outlined by the Pennsylvania DUI statute are different for alcohol and marijuana. While an alcohol DUI requires a high blood-alcohol level or evidence of impairment, you don’t have to be impaired to be charged with a marijuana DUI. This is true even for marijuana consumed for medical purposes under a doctor’s supervision.

This is because Pennsylvania is one of a handful of states that have adopted “per se” marijuana DUI laws. Under a “per se” law, you can face a DUI for driving under the influence if you have any amount of marijuana over one nanogram per milliliter in your system. According to the statute:

An individual may not drive, operate, or be in actual physical control 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.

Marijuana is a Schedule I controlled substance. The DUI statute creates an extremely low threshold intended to include anyone with any amount of marijuana in their system.

Penalties for Driving While Under the Influence of Marijuana in PA

The penalties for driving under the influence of marijuana in Pennsylvania are stringent, reflecting the state’s “per se” DUI laws, which impose strict liability for any detectable level of marijuana in your system. Unlike alcohol-related DUIs, where impairment must be proven, a marijuana DUI conviction can occur even without evidence of impaired driving.

First Offense

A first offense for driving while under the influence of marijuana is a misdemeanor. Penalties include 72 hours to six months in prison, fines ranging from $1,000 to $5,000, and a 12-month suspension of your driver’s license. Additionally, mandatory attendance at an alcohol highway safety school and possible court-ordered drug treatment may be required.

Second Offense

A second offense is also a misdemeanor but carries a minimum sentence of 90 days to five years in prison, fines between $1,500 and $10,000, and an 18-month license suspension. The offender will also be required to undergo mandatory drug treatment and may be subject to the installation of an ignition interlock device.

Third and Subsequent Offenses

A third or subsequent offense is classified as a felony, punishable by one to five years in prison, fines ranging from $2,500 to $10,000, and an 18-month license suspension. Additional penalties include mandatory drug treatment and long-term monitoring through the ignition interlock program.

Even more troubling is that a marijuana DUI conviction, like an alcohol-related DUI, results in a permanent criminal record. This can have long-lasting consequences on your life, affecting your job prospects, insurance premiums, and even your ability to pursue higher education. Given the serious implications, it’s crucial to have an experienced DUI attorney to help navigate these complex charges.

Hire an Experienced Pennsylvania DUI Lawyer

If you’re facing a DUI because of suspected alcohol or drug use, you need the guidance of a skilled criminal defense lawyer from the Cohen & Patel Law Firm, LLC. An experienced DUI lawyer has been protecting his Pennsylvania clients’ rights for years. He can help you too. Contact us online or call us at (484) 948-1963 to schedule a consultation.