Penalties for a DUI in Pennsylvania only flow from a conviction or a guilty plea. If your attorney is able to get rid of the charges altogether, there are no penalties. Alternatively, the Pennsylvania DUI ARD Program may be a viable consequence and carries reduced penalties, such as no jail time and a much shorter period of license suspension, if any. Otherwise, Pennsylvania DUI penalties are highly variable, but there are mandatory minimums that are determined by which tier they fall into and how many prior offenses the person has within the last ten years.
Because of the most recent overhauls of Pennsylvania’s DUI penalties, it is now possible to have a felony DUI. The harshest new law is that if your current DUI is in the highest tier, and you have at least 3 prior offenses in the last 10 years, it is graded as a felony of the second degree, which can land you in jail for up to 10 years. Additionally, if you have two or more prior DUIs, any new DUI sentences must run consecutive to each other. The years will stack up fast.
A prosecutor may pursue and a judge may sentence an individual to punishment in excess of the statutory minimums. Our DUI attorneys may also be able to use certain issues to achieve a result that is more favorable than would apply according to the statutory criteria. Additionally, house arrest (home confinement) is often an option in Bucks County and Montgomery County even where the offense calls for a mandatory minimum jail sentence.
Finally, the chart below gives examples of DUI penalties and the applicable penalties vary according to when you were arrested and some factors which can trigger more serious penalties. This chart is only for regular passenger vehicles and does not apply to CDL drivers or bus drivers.
It is best to check out the chart below to get a rough idea of what you might be facing, but certain special sentencing enhancements can apply. For example, if a person under 18 years old was in the vehicle at the time of the DUI, it’s always at least a first-degree misdemeanor and carries days’ worth of mandatory community service and increased fines. If the DUI was in a work zone or emergency area, you’ll pay more in fines upon conviction. And if your prior record is extensive enough, you’ll be disqualified from house arrest and might even go to state prison on a felony DUI.
PA DUI Penalties (“Tier” System)
| DUI SENTENCING MATRIX | FIRST OFFENSE | SECOND OFFENSE | THIRD AND SUBSEQUENT OFFENSE | FOURTH AND SUBSEQUENT OFFENSE |
| TIER ONE
§3802(a)(1) – General Impairment, Unsafe Driving, with no refusal or accident §3802(a)(2) – BAC .08 to .099% | – Ungraded misdemeanor (M) – No min jail – Probation-only is an option – Flat $300 fine – Treatment if warranted – No license suspension, no need for ignition interlock | – Ungraded misdemeanor (M) – 5 days jail min -$300 min fine-$2500 max fine – Treatment -12 months license suspension (eligible for ignition interlock after 6 months) | – Second degree misdemeanor (M2) – 10 days jail min | – Third-degree Felony (F3) – 10 days jail min – 7 years jail max – $500 min fine – $5000 max fine – Treatment – 18 months license suspension (eligible for ignition interlock after 9 months) |
| TIER TWO
§3802(a)(1) – General Impairment (Alcohol), with crash §3802(b) – High Rate, BAC .10 to .159% §3802(e) – BAC .02% or higher while under 21 | – Ungraded misdemeanor (M) – 48 hrs jail min -$500 min fine-$5000 max fine – Treatment if warranted – 12 months license suspension (immediately eligible for ignition interlock license) | – Ungraded misdemeanor (M) – 30 days jail min – $750 min fine-$5000 max fine – Treatment – 12 months license suspension (eligible for ignition interlock after 6 months) | – First degree misdemeanor (M1) – 90 days jail min – $1500 min fine-$10,000 max fine – Treatment – 18 months license suspension (eligible for ignition interlock after 9 months) | – Third-degree Felony (F3) – 1 year jail min – $1500 min fine-$10,000 max fine – Treatment – 18 months license suspension (eligible for ignition interlock after 9 months) |
| TIER THREE
§3802(a)(1)- General Impairment (Alcohol), with Refusal to Submit to non-portable Breath Test 3802(a)(1) – General Impairment (Alcohol) with Refusal to Submit to Search Warrant for Blood §3802(c) – Highest Rate, BAC .16% or higher §3802(d) – Controlled Substances (Drugs or combination of alcohol and drugs; INCLUDES INACTIVE METABOLITES of Schedule I, II, III drugs) | – Ungraded misdemeanor (M) – 72 hrs jail min -$1000 min fine-$5000 max fine – Treatment if warranted or if BAC is .16% or higher – 12 months license suspension (immediately eligible for ignition interlock license) | – First degree misdemeanor (M1) – 90 days jail min -$1500 min fine -$10,000 max fine– Treatment – 18 months license suspension(eligible for ignition interlock after 9 months) | – Third-degree Felony (F3) – 1 year jail min -$2500 min fine-$10,000 max fine – Treatment – 18 months license suspension(eligible for ignition interlock after 9 months) | Second-degree Felony (F2) – Treatment |
Contact Our Pennsylvania DUI Attorneys
If you are facing DUI charges, traffic crime charges or any type of criminal charges in Pennsylvania you need the help of our DUI defense lawyers. They have a very in depth knowledge of Pennsylvania DUI laws and Pennsylvania DUI penalties and will use that knowledge to obtain the best possible outcome for you.
