What are DUI penalties in Pennsylvania?

Pennsylvania DUI law is codified at 75 Pa.C.S. §§ 3801-3817 and applies tiered penalties based on BAC.

1. BAC Tiers — General Impairment: .08-.099%; High BAC: .10-.159%; Highest BAC: .16% or higher; commercial: .04%; minors: .02%.

2. First Offense — General Impairment (.08-.099) — Ungraded misdemeanor, no jail (6 months probation), $300 fine, no license suspension, alcohol highway safety school. Often eligible for ARD (Accelerated Rehabilitative Disposition).

3. First Offense — High BAC (.10-.159) — Ungraded misdemeanor: 48 hours to 6 months jail, $500-$5,000 fine, 12-month license suspension, mandatory IID for 1 year after restoration.

4. First Offense — Highest BAC (.16+) — Ungraded misdemeanor: 72 hours to 6 months jail, $1,000-$5,000 fine, 12-month license suspension, IID for 1 year.

5. Second Offense — General — Ungraded misdemeanor: 5 days to 6 months jail, $300-$2,500 fine, 12-month license suspension, IID for 1 year.

6. Second Offense — High or Highest BAC — First-degree misdemeanor: 30 days to 6 months (High) or 90 days to 5 years (Highest) jail, $750-$10,000 fine, 12-18 month license suspension, IID for 1 year.

7. Third Offense — Highest BAC — Third-degree felony: 1 to 5 years prison, $2,500-$10,000 fine, 18-month license suspension.

8. Implied Consent (§ 1547) — Refusing chemical test means automatic 12-month license suspension (18 months for second refusal), and PennDOT treats refusal as the equivalent of the Highest BAC tier for sentencing.

9. ARD Program — Available for most first-time offenders without an accident or minor passenger. Successful completion expunges the arrest record.

10. Aggravating Factors — Accident with injury elevates the offense; minor passenger under 18 adds extra penalties under § 3804(c).

This is legal information, not legal advice.