Drink-driving limits in Pennsylvania (2026)

Last reviewed: 30 October 2026

In short: State drink-driving rules for this state have not yet been verified.

RuleWhat applies
Random breath tests without suspicionDriving after drinking alcohol⚠ Not yet verified
Blood alcohol limit for ordinary driversDriving after drinking alcohol0.08 % blood alcohol [1]
Lower limit for novice or young driversDriving after drinking alcoholA minor may not drive, operate or be in actual physical control of a vehicle with an alcohol concentration of 0.02% or higher in blood or breath within two hours. [1]
Limit for professional or commercial driversDriving after drinking alcoholCommercial vehicle (other than a school bus or school vehicle): 0.04% or greater in blood or breath within two hours of driving. [1]
Maximum penaltiesDriving after drinking alcoholFirst offence at 0.08% to under 0.10% (no accident or refusal): a misdemeanour with up to 6 months' imprisonment, at least 6 months' probation and a $300 fine. Higher tiers apply from 0.10%, for minors, commercial vehicles, accidents, test refusal and repeat offences (up to a felony). [2]

Notes

  • Not yet verified against the state's official statutes.
  • Pennsylvania grades the offence by tier: 0.08% to under 0.10% (general impairment), 0.10% to under 0.16% (high rate) and 0.16% or higher (highest rate), measured within two hours of driving. Driving while incapable of safe driving is an offence at any concentration.
  • The statute says 'minor'; its definition was not read for this entry. A first offence is penalised under the higher tier of section 3804(b).
  • For a school bus or school vehicle the limit is 0.02% or greater.

Sources

  1. Pennsylvania General Assembly (Internet Archive snapshot of 25 February 2026): 75 Pa.C.S. 3802 Driving under influence of alcohol or controlled substance (Internet Archive snapshot of the legis.state.pa.us page, 25 February 2026; includes Act 58 of 2025) (consulted 30 October 2026) · all sources
  2. Pennsylvania General Assembly (Internet Archive snapshot of 12 July 2026): 75 Pa.C.S. 3804 Penalties (Internet Archive snapshot of the legis.state.pa.us page, 12 July 2026); grading in 75 Pa.C.S. 3803 (snapshot of 6 December 2024) (consulted 30 October 2026) · all sources

National rules that also apply

These rules are set at national level in the United States and apply here too, alongside the rules above. All national rules for the United States

Limit for professional or commercial drivers0.04% alcohol concentration or more: a driver subject to commercial driver's licence rules must not report for or remain on duty performing safety-sensitive functions, and an employer who knows of it must not let the driver continue. (source: Electronic Code of Federal Regulations (Office of the Federal Register))

Pennsylvania and neighbouring states

StateBlood alcohol limit for ordinary driversLower limit for novice or young driversLimit for professional or commercial driversRandom breath tests without suspicionMaximum penalties
Pennsylvania
0.08%
0.02% (minors)
0.04% (commercial vehicle)
⚠ Not yet verified
First: misdemeanour, $300 fine
Delaware
0.08%
0.02% (under 21)
0.04% (commercial vehicle)
⚠ Not yet verified
1st: up to 12 months; $500-$1,500 fine
Maryland
0.08%
Any alcohol (under 21)
Any alcohol (commercial); 0.04% disqualifies
⚠ Not yet verified
Up to 1 yr jail / $1,200 (1st)
New Jersey
0.08%
Any alcohol, under 21
⚠ Not yet verified
Yes, checkpoints used
Fine $1,000, 180 days (3rd)
New York
0.08%
0.02% under 21
0.04% in a commercial vehicle
⚠ Not yet verified
Up to 1 year jail, $500-1,000 fine
Ohio
0.08%
0.02% (under 21)
0.04% (commercial vehicles)
⚠ Not yet verified
Fine $375-$1,075, min. 3 days jail
West Virginia
0.08%
0.02% (under 21)
0.04% commercial
⚠ Not yet verified
Up to 6 months; $100-$500 fine

More rules in Pennsylvania

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General information, not legal advice. Rules change: check the official source before you fly or ride.