Alcohol-Related Laws in Pennsylvania

Alcohol-related laws in Pennsylvania are aimed at eliminating DUI accidents. Pennsylvania has specific laws aimed at drastically reducing the occurrence of alcohol-related accidents. These laws, specific to Pennsylvania, are outlined below.

Pennsylvania alcohol-related law cracks down on DUI offenders

• When is a driver considered to be legally drunk?
• How are the penalties for DUI determined?
• How does Pennsylvania deal with repeat DUI offenders?
• When is a person under 21 considered to be legally drunk?

Pennsylvania’s “Dram Shop Act” holds establishments serving alcohol liable for injuries

• If a visibly intoxicated patron is served alcohol at a bar in Pennsylvania, is the bar liable for any injuries that occur to that patron or because of that patron?

Pennsylvania’s Social Host Liability targets those serving alcohol to minors

• If you host a party and serve alcohol to adults 21+, are you responsible if they are injured after leaving your party?
• What can happen if a parent or other adult allows an underage person to drink alcohol and that minor is injured or causes someone else to be injured?

Limited tort restriction waived if at-fault driver is convicted of DUI

If you have chosen limited tort instead of full tort on your Pennsylvania auto insurance policy, can you file a claim for pain and suffering if you are hit by a drunk driver?

Pennsylvania cracks down on DUI offenders

When is a driver considered to be legally drunk in Pennsylvania?

Effective September 30, 2003, the blood alcohol level at which a driver is considered to be legally drunk was lowered from .10 to .08. This blood alcohol level applies to non-commercial drivers age 21+.

Drivers of commercial vehicles are considered to be driving under the influence if a blood alcohol test registers .04 or greater within two hours of driving.

Currently, all states have a legal blood alcohol concentration (BAC) level of .02 for drivers under 21. Case law says any detectable alcohol on a minor's breath is sufficient to sustain a charge of underage drinking. For minors, police can and do use a device for a preliminary breath test (PBT) which does not have to be calibrated and tested as a breathalyzer; but it is good enough evidence to convict.

The penalties for underage drinking and DUI convictions are severe.

Penalties given to DUI offenders in Pennsylvania:

Pennsylvania also established new penalties for DUI offenders consisting of three penalty categories. The categories that determine the penalties have been set at:

• general impairment - a blood alcohol level of 0.08 to 0.099
• high rate - a blood alcohol level of 0.10 to 0.15
• highest rate - a blood alcohol level of 0.16 and above

Criminal and civil penalties will increase as the blood alcohol content (BAC) level of the offender increases. The new penalties became effective in February 2004.

Repeat DUI offenders required to have ignition locking systems

Pennsylvania also passed changes to laws that deal with repeat DUI offenders. After having their restricted driving privileges restored, repeat DUI offenders will be required to have ignition locking systems installed on their cars for a minimum of one year. The locking system is equipped with a breath analyzer device which prevents a car from starting if the driver does not have a blood alcohol level lower than 0.025.

To ensure the driver maintains the required blood alcohol level after starting the car, periodic "rolling" breath samples are required. If the driver does not provide and/or pass a rolling breath sample, the car horn will continue to honk until the car is turned off or until an acceptable rolling sample is provided.

Pennsylvania’s “Dram Shop Act” holds establishments serving alcohol liable for injuries

The term "dram shop" refers to a drinking establishment where alcohol can be bought and consumed on the premises, such as a bar, tavern, saloon, or restaurant. Pennsylvania's "Dram Shop Act" can hold drinking establishments responsible for any injury that results from serving alcohol to visibly intoxicated persons.

Under the Dram Shop Act, you may be able to recover money damages from a drinking establishment if:

• you were served alcohol while visibly intoxicated and later cause injury to yourself.
• the drinking establishment served a visibly intoxicated patron and that patron later injures you.

Pennsylvania’s Social Host Liability targets those serving alcohol to minors

In Pennsylvania, adults who serve alcohol (social hosts) to anyone under 21 may have to pay money damages if the underage person gets injured or causes injury to someone else because of drunkenness.

The injury does not have to occur due to a car accident. For example, a minor who has been drinking could be injured if he or she were to fall on the sidewalk and sustain a head injury.

Pennsylvania courts believe that people under 21 aren't competent to handle alcohol. Therefore, when an adult serves alcohol to a minor under 21 and an injury results because of drinking, the injured person has a claim against the adult for negligence. This claim is referred to as “social host liability”.

Pennsylvania, however, imposes no liability on a social host who serves alcohol to adults 21+. The courts hold adults responsible for the consequences of their own drinking.

Limited tort restriction waived if at-fault driver is convicted of DUI

In Pennsylvania, when Limited Tort is chosen over Full Tort on an auto insurance policy, the car owner has basically waived his or her right to sue for pain and suffering. Under normal accident situations, a person who has limited tort insurance is not able to collect money damages for pain and suffering for any injuries suffered in a car accident.

A DUI conviction is one of the few exceptions to the limited tort option for Pennsylvania auto insurance. If a limited tort policy holder is injured in an accident and the at-fault driver was convicted of driving under the influence, the limited tort restriction is lifted and money can now be sought for pain and suffering.

It is important to note that the at-fault driver must be convicted of driving under the influence for the restriction to be waived. For example, if the drunk driver is killed in the accident, a conviction is not possible. Therefore, limited tort is not waived and the limited tort policy holder can not sue for pain and suffering.

A driver can be convicted of driving under the influence if:

• the driver is unable to safely drive a car because of the effects of using a controlled substance or drinking alcohol, regardless of the results of a blood alcohol test.
• a blood alcohol test, taken within two hours of driving the car, reveals a blood alcohol content of .08 percent or greater.
• the driver is under the age of 21 and a blood alcohol content of .02 or greater is found within two hours of driving.
• the driver is operating a commercial vehicle and a blood alcohol content of .04 or greater is found within two hours of driving.

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