Zero Tolerance Law in Pennsylvania

Pennsylvania enforces strict drunk driving laws, especially for young drivers under the age of 21. One of the most important regulations is the Zero Tolerance Law.

What is Pennsylvania’s Zero Tolerance Law?

Pennsylvania’s Zero Tolerance Law makes it illegal for minors to operate a vehicle with any measurable amount of alcohol in their system.  This law applies to drivers under the age of 21 who are found operating a vehicle with a blood alcohol concentration (BAC) of 0.02% or higher. This is a much stricter limit than the 0.08% BAC permitted for drivers over 21. The regulation is meant to discourage underage drinking and driving, reinforcing Pennsylvania’s firm stance on DUI offenses.

Penalties for Violating the Zero Tolerance Law

A conviction under Pennsylvania’s Zero Tolerance Law carries serious consequences, even for first-time offenders. The penalties include:

First Offense

• License Suspension: 12-month license suspension
• Fines: A fine of $500 to $5,000
• Jail Time: A minimum of 48 hours in jail, with a maximum of six months
• Alcohol Safety School: Mandatory completion of an alcohol highway safety school program
• Possible Ignition Interlock Device (IID): May be required for reinstatement of driving privileges

Second Offense

• License Suspension: 12-month suspension
• Fines: A fine of $750 to $5,000
• Jail Time: 30 days to six months
• Mandatory IID: Required for one year
• Alcohol Treatment Program: Court-mandated participation in an alcohol treatment program

Third and Subsequent Offenses

• License Suspension: 18-month suspension
• Fines: Up to $10,000
• Jail Time: 90 days to five years
• Mandatory IID: Required for one year
• Alcohol Rehabilitation Program: Increased court-mandated treatment

These penalties can have long-term effects on a young driver’s future, including difficulty securing employment, higher insurance rates, and a potential impact on college admissions.

Why the Zero Tolerance Law is Important

Pennsylvania’s Zero Tolerance Law is crucial in preventing accidents, injuries, and fatalities caused by underage drinking and driving. Young drivers are statistically more likely to engage in risky driving behaviors, and alcohol only increases the likelihood of poor decision-making and impaired reflexes.

According to the National Highway Traffic Safety Administration (NHTSA), alcohol-related crashes involving underage drivers account for almost a third of teen driving fatalities. Strict enforcement of Zero Tolerance Laws has been shown to reduce these numbers.

How the Zero Tolerance Law Impacts Accident Liability

If a driver under 21 is found with a BAC of 0.02% or higher, they may be presumed at fault, even if the other driver contributed to the crash. Victims of accidents caused by an underage drunk driver can file personal injury lawsuits seeking compensation for medical expenses, lost wages, property damage, and pain and suffering. The intoxicated driver (or their legal guardian if they are a minor) may be held financially responsible. Insurance companies take Zero Tolerance violations seriously. As a result, they may deny coverage, forcing the driver (or their family) to pay out-of-pocket.

Additionally, if the underage driver was provided alcohol by a bar, restaurant, or private individual, those parties may also be held liable under Pennsylvania’s Dram Shop and Social Host Laws. Furthermore, if the accident results in a fatality, the driver may face a wrongful death lawsuit and additional criminal charges.