What happens if I get a DUI in Pennsylvania?

Pennsylvania uses a unique three-tier DUI system that scales penalties to BAC level and offense history, with ARD diversion widely available for first-time offenders.

1. Per Se BAC Standard

75 Pa.C.S. § 3802 sets three adult tiers: General Impairment (0.08%-0.099%), High BAC (0.10%-0.159%), and Highest BAC (0.16%+). Commercial drivers face a 0.04% limit under § 3802(f); minors under 21 face a 0.02% limit under § 3802(e); controlled-substance DUI under § 3802(d) is per se illegal at any detectable amount.

2. Implied Consent

75 Pa.C.S. § 1547 requires submission to chemical testing. A first refusal triggers an automatic 12-month PennDOT license suspension (18 months if prior offense), independent of the criminal case. The Birchfield rule prevents criminal enhancement for blood-test refusal absent a warrant.

3. First-Offense Penalties

General Impairment first offense: ungraded misdemeanor, 6 months probation, $300 fine, no license suspension, alcohol highway safety school, and ARD eligibility. High BAC first: 48 hours-6 months jail, $500-$5,000 fine, 12-month suspension. Highest BAC first: 72 hours-6 months jail, $1,000-$5,000 fine, 12-month suspension.

4. Enhancements

Third DUI at High or Highest BAC is a felony of the third degree (up to 7 years) under § 3803(b)(4). Homicide by vehicle while DUI (§ 3735) is a second-degree felony with a 3-year mandatory minimum.

5. Administrative License Suspension (ALS)

Unlike most states, Pennsylvania does not have a pre-conviction ALS based on the arrest. License suspension is imposed by PennDOT only after conviction or after a § 1547 refusal. A § 1547 refusal hearing must be requested within 30 days of PennDOT's suspension notice.

6. Court Process

Preliminary hearing in the magisterial district court, formal arraignment in Court of Common Pleas, pretrial motions under Pa.R.Crim.P. 581, plea negotiations or ARD application, and bench/jury trial.

7. Long-Term Consequences

Mandatory ignition interlock for repeat offenders under § 3805; SR-22 not state-required but insurer-imposed; federal CDL disqualification for 1 year (49 C.F.R. § 383.51); conviction reportable on background checks.

This is legal information, not legal advice.