BIDLINGMAIER &
BIDLINGMAIER

(PENNSYLVANIA)

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General Impairment (BAC undetermined, or ranging from .08 to .099%)

Offense

Prison/Probation Time

Fines, Fees, and Charges

Other Penalties and License Suspension

First

Up to 6 months probation

$300 fine

• Alcohol highway safety school

• Potential treatment ordered

• Up to 150 hours community service

Second

Up to 6 months prison time

Up to $2,500 fine

• 12 months license suspension

• Alcohol highway safety school

• Potential treatment ordered

• 1 year ignition interlock

• Up to 150 hours community service

Third

Up to 2 years prison time

Up to $5,000 fine

• 12 months license suspension

• Potential treatment ordered

• 1 year ignition interlock

• Up to 150 hours community service

BAC  Content .10% to .159%

 

Offense

Prison/Probation Time

Fines, Fees, and Charges

Other Penalties and License Suspension

 

First DUI Offense

Up to 6 months prison time

Up to $5,000 fine

• 12 months license suspension

• Alcohol highway safety school

• Potential treatment ordered

• 1 year ignition interlock

• Up to 150 hours community service

 

Second DUI  Offense

Up to 6 months prison time

Up to $5,000 fine

• 12 months license suspension

• Alcohol highway safety school

• Potential treatment ordered

• 1 year ignition interlock

• Up to 150 hours community service

 

Third DUI Offense

Up to five years prison time

Up to $10,000 fine

• 18 months license suspension

• Potential treatment ordered

• 1 year ignition interlock

• Up to 150 hours community service

 

Fourth DUI Offense

Up to five years prison time

Up to $10,000 fine

• 18 months license suspension

• Potential treatment ordered

• 1 year ignition interlock

• Up to 150 hours community service

 

 

 

 

 

BAC Content .16% or higher

 

Offense

Prison/Probation Time

Fines, Fees, and Charges

Other Penalties and License Suspension

First DUI Offense

Up to 6 months prison time

Up to $5,000 fine

• 12 months license suspension

• Alcohol highway safety school

• Potential treatment ordered

• Up to 150 hours community service

Second DUI Offense

Up to 5 years prison time

Up to $10,000 fine

• 18 months license suspension

• Alcohol highway safety school

• Potential treatment ordered

• 1 year ignition interlock

• Up to 150 hours community service

Third DUI Offense

Up to 5 years prison time

Up to $10,000 fine

• 18 months license suspension

• Potential treatment ordered

• 1 year ignition interlock

• Up to 150 hours community service

DUI with a minor in the vehicle*

Offense

Fines

Prison Time or Community Service

First Offense

Minimum $1,000 fine

• 100 hours community service

Second Offense

Minimum $2,500 fine

• Up to 6 months prison time

Third Offense

          -

    -   Between 6 months and two years prison time

* fines and penalties are in addition to penalties and fines prescribed for initial DUI offense

 

 

Minor DUI (.02% or higher BAC)

Offense

Fine

Prison Time

Other penalties and license suspension

First Offense

Up to $5,000 fine

Minimum 2 days prison time

• 18 months license suspension

• Up to 150 hours community service

• Alcohol highway safety school

• Potential treatment ordered

Second Offense

Up to $5,000 fine

Minimum 30 days prison time

• 18 months license suspension

• Up to 150 hours community service

• Alcohol highway safety school

• Potential treatment ordered

Third Offense

Up to $10,000 fine

Minimum 90 days prison time

• 18 months license suspension

• Up to 150 hours community service

• Potential treatment ordered

Fourth Offense

Up to $10,000 fine

Minimum 1 year prison time

• 1 year license suspension

• Up to 150 hours community service

• Potential treatment ordered

 

 

 

Refusal to use ordered interlock device

Fine

Imprisonment

Up to $1,000

Up to 90 days

 

 

 

 

 

 

 

 

Driving a vehicle unequipped with interlock device, BAC of .025

Fine

Imprisonment

Up to $1,000

Minimum 90 days

 

 

 

 

 

 

 

 

 

 

 

 

 

Tampering with or circumventing interlock device

Fine

Imprisonment

Up to $1,000

Up to 90 days

 

 

 

 

 

 

 

 

Open Container Violation

Fine

Imprisonment

$300

Up to 90 days

 

 

 

Refusal

 

Offense

License Suspension

First Refusal, no prior DUI

12 months license suspension

First Refusal, prior DUI

18 months license suspension

Second Refusal

18 months license suspension

 

 

(NEW JERSEY): 

In New Jersey, one may receive a citation for driving under the influence (DUI) for operating a motor vehicle or boat with a blood alcohol content (BAC) of .08% or greater.

Mandatory fines and penalties
 

First DUI, BAC of 0.10% or greater

License loss

Fines, fees & charges

Prison term

Community service, IDRC & Interlock

7 months–
1 year

• Up to $500 fine

• $500 in other fees and charges

• $1,000/year (for 3 years) surcharge
   

Up to 30 days

• 12–48 hours IDRC*

• If BAC 0.15% or greater: ignition interlock device for up to a year following restoration

 

First DUI, BAC greater than 0.08%, but less than 0.10%

License loss

Fines, fees & charges

Prison term

IDRC

3 months

• Up to $400 fine

• $500 in other feees and charges

• $1,000/year (for 3 years) surcharge
   

Up to 30 days

• 12–48 hours IDRC*

 

 

Subsequent DUI convictions

Offense

License loss

Fines, fees & charges

Prison term

Community service, IDRC & Interlock

2nd offense within 10 years

2 years

• Up to $1,000 fine

• Up to $555 in fees and other charges

• $1,000/year (for 3 years) surcharge
   

Up to
90 days

• 30 days Community Service

• Up to 48 hours IDRC*

• Ignition interlock device for up to 3 years following restoration

3rd offense within 10 years of 2nd offense

10 years

• $1,000 fine

• Up to $555 in fees and other charges

• $1,500/year (for 3 years) surcharge
   

180 days

• Up to 90 days Community Service

• Up to 48 hours IDRC*

• Ignition interlock device for up to 3 years following restoration

Related Offenses
 

Driving with an open container

Offense

Fines

Community service

 

1st

$200

–

 

2nd

$250

10 days

 

 

 

 

 

 

Driving with a DUI suspended license

License loss

Fines or surcharges

Prison term

 

Additional
 1–2 years

$500 fine
$250/year (for 3 years) surcharge

10–90 days

 

 

 

Notes:

• *IDRC - Intoxicated Driver Resource Center

• *AERF - Alcohol Education and Rehabilitation Fund

 

 

Source: State of New Jersey, Motor Vehicle Commission, DUI: Driving Under the Influence, http://www.state.nj.us/mvc/Violations/dui.htm.

 

 

 

DUI in a School Zone

 

Fine

Prison Time

License Loss

Up to $800, in addition to other DUI fines

Up to 60 days in addition to other DUI mandated prison time

additional suspension of up to 2 years

 

 

 

 

 

Underage, with any BAC

Loss of Driving Privileges

Community Service, IDRC, etc.

 

Up to 90 days (may postpone ability to obtain license)

 

 

 

• Up to 30 days community service

• Participation in an alcohol and traffic safety education program

 

 

New Jersey has an implied consent law. If you refuse a chemical test you will be subject to a fine and automatic license suspension.

 

Refusal

Instance

Fines, Fees, and Other Charges

License Suspension

Interlock Device

1st Instance

 

• Up to $500 fine

• Autmobile insurance surcharge of $1,000 (for three years)

Up to 1 year

 

Up to 1 additional year

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2nd Instance

 

• Up to $1,000 fine

• Autmobile insurance surcharge of $1,000 (for three years)

2 years

 

Up to 3 additional years

 

3rd Instance

 

• $1,000 fine

• Autmobile insurance surcharge of $1,500 (for three years)

10 years

 

Up to 3 additional years

 

 

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Possessing an Open Container in Passenger Compartment

1st Instance

$200 fine

2nd Instance

$250 fine and up to 10 days of community service

 

 

 

DUI with a minor in the vehicle

- Additional disordely persons offense

- Up to five days community service

- Up to 6 months forfeiture of license

 

 

 

 

Failure to Install Interlock device

Additional 1 year license suspension

 

 

Interlock device installed, but circumvented

Additional 1 year license suspension

rks well on almost every site.