Vehicle · DUI penalties
DUI Penalties in Pennsylvania
The jail, fines, and license loss for a DUI in Pennsylvania by offense, when a DUI becomes a felony, the lookback period that counts your priors, and what raises the penalty. These are the criminal penalties, separate from the DMV license suspension. Cited to the statute.
DUI penalties by offense in Pennsylvania
Jail, fine, and license loss for a first, second, and third offense, the felony threshold, and the aggravators that raise the penalty.
Pennsylvania grades DUI by blood alcohol tier and amends the penalties and interlock rules often, including the 2022 Deana’s Law changes. Confirm the current figures for your tier and offense date before relying on them.
| Penalties by offense | What it means |
|---|---|
| First offense | A first offense is graded by tier. General impairment (0.08 to 0.099) brings up to six months probation, a $300 fine, and no license suspension. High rate (0.10 to 0.159) brings 48 hours to six months in jail, $500 to $5,000, and a 12-month suspension. Highest rate (0.16 and up), drugs, or a refusal brings 72 hours to six months, $1,000 to $5,000, and a 12-month suspension. |
| Second offense | A second offense ranges from five days to six months in jail and a $300 fine at general impairment, up to 90 days to five years and a $1,500 to $10,000 fine at the highest tier, with a 12 to 18 month suspension. |
| Third offense | A third offense reaches one to five years in prison and a $2,500 to $10,000 fine at the highest tier, with an 18-month suspension. A third highest-rate or refusal offense is graded a felony of the third degree. |
| Felony threshold | A DUI is a felony of the third degree on a third or later highest-rate, drug, or refusal offense within 10 years. A DUI causing serious bodily injury or death is charged separately as an aggravated assault or homicide by vehicle felony. |
| Ignition interlock | Pennsylvania requires an ignition interlock for a first highest-rate or refusal offense and for any repeat offender, and offers an interlock limited license to drive during part of the suspension. |
| What raises the penalty | What it means |
|---|---|
| High blood alcohol level | Because DUI is tiered, a higher reading raises the offense itself. A level of 0.10 to 0.159 is the high-rate tier and 0.16 and above is the highest-rate tier, each with steeper jail, fines, and suspension. |
| Child passenger | Driving under the influence with a passenger under 18 adds a sentencing enhancement of extra jail, a larger fine, and community service under 75 Pa.C.S. 3803. |
| Causing injury | A DUI that causes serious injury or death is charged as aggravated assault by vehicle while DUI or homicide by vehicle while DUI, felonies carrying multi-year prison terms. |
| Refusing the chemical test | Refusing a breath or blood test places the driver in the highest penalty tier for the criminal case and triggers a separate 12-month license suspension under the implied-consent law, or 18 months for a repeat refusal. |
What you can do right now
Concrete, neutral steps if you are facing a DUI in Pennsylvania. This is legal information, not legal advice.
- Get a DUI defense lawyer
Pennsylvania grades DUI by blood alcohol tier, so your reading drives the exposure. A Pennsylvania DUI attorney can confirm your tier and whether ARD is available.
- Ask about ARD for a first offense
Many first-time offenders qualify for the Accelerated Rehabilitative Disposition program, which can reduce penalties. Ask your lawyer whether you are eligible.
- Track the license suspension
PennDOT runs a separate suspension from the court case. Ask whether an interlock limited license lets you keep driving during part of it.
A DUI is a criminal charge with lasting consequences, and deadlines to challenge the license suspension are short. A licensed DUI defense attorney can explain your options; the state bar can refer you to one.
→ Pennsylvania Bar Association, Find a LawyerThis is general legal information, not legal advice. Penalties turn on your BAC, priors, and the exact charge, and the criminal case is separate from the DMV license case, so confirm your situation against the statute and talk to a lawyer.
What drivers in Pennsylvania get wrong about DUI penalties
Pennsylvania grades a DUI by blood alcohol tier under 75 Pa.C.S. 3802, and the penalty ladder in 3804 climbs with the reading and with priors. A first general-impairment offense (0.08 to 0.099) is the lightest, with up to six months probation, a $300 fine, and no license suspension. A first high-rate offense (0.10 to 0.159) brings 48 hours to six months in jail, and a first highest-rate offense (0.16 and up), a drug DUI, or a refusal brings 72 hours to six months, a $1,000 to $5,000 fine, and a 12-month suspension. Priors count on a 10-year lookback. A second highest-rate offense reaches 90 days to five years, and a third reaches one to five years and is graded a felony of the third degree. Deana’s Law, enacted in 2022, further increased penalties for repeat offenders. These are the criminal penalties; PennDOT suspends the license on a separate track.
Common questions
What is the penalty for a first DUI in Pennsylvania?
It depends on the tier. General impairment brings probation and a $300 fine with no suspension, while a highest-rate or refusal first offense brings 72 hours to six months in jail, a $1,000 to $5,000 fine, and a 12-month suspension.
When is a DUI a felony in Pennsylvania?
A DUI is a felony of the third degree on a third or later highest-rate, drug, or refusal offense within 10 years. Causing serious injury or death is a separate felony.
How long does a DUI stay on your record in Pennsylvania?
Prior DUIs count for enhancement on a 10-year lookback. A DUI conviction stays on the criminal and driving record long term and generally cannot be expunged after a conviction.
What are the three DUI tiers in Pennsylvania?
General impairment (0.08 to 0.099), high rate (0.10 to 0.159), and highest rate (0.16 and above). A refusal or a drug DUI is treated at the highest tier.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.