The Pennsylvania Criminal Code classifies DUI offenses into four main categories. They are:
- General Impairment (.08 – .99%)
- High Rate of Alcohol (.10 – .159%)
- Highest Rate of Alcohol (.16 – and higher)
- Controlled Substances (drugs) (any amount)
- Minors (.02 and higher)
The type of sentence you receive as a result of a DUI conviction depends in large part on two factors: 1) Your Blood Alcohol Level (BAC) at the time of arrest, and 2) The number of prior DUI’s. The following breaks down Pennsylvania DUI and the penalties you may face:
Incapable of safely driving; General Impairment .08 – .99%
First Offense:
$300 fine
Alcohol highway safety school
Second Offense
$300 – $2,500 fine
5 days – 6 months jail time
One year ignition interlock device
12 month license suspension
Third Offense
$400 – $2,500 fine
10 days – 2 years prison time
One year ignition interlock
One year license suspension
High BAC .1 – .159%; DUI involving commercial vehicle; DUI of minor driver;
First offense
$500 – $5,000 fines
2 days – 6 months jail time
One year license suspension
Alcohol highway safety school
Second Offense
$750 – $5,000 fine
30 days – 6 months jail time
One year ignition interlock device
One year license suspension
Alcohol highway safety school
Third Offense
$1,500 – $10,000 fine
90 days – 5 years prison time
One year ignition interlock device
18 months license suspension
Highest BAC (.16% or higher); Drug related DUI; Incapable of safely driving with refusal of breath/ blood sample
First offense
$1,000 – $5,000 fine
72 hours – 6 months jail time
One year license suspension
Alcohol highway safety school
Second Offense
$1,500 – $10,000 in fines
90 days to 5 years prison time
18 month license suspension
One year ignition interlock device
Alcohol highway safety school
Third Offense
$2,500 – $10,000 in fines
One year – 5 years prison time
18 month license suspension
One year ignition interlock device
Do I have to be driving to get a DUI?
No. To be found guilty of DUI, you must either be found driving the vehicle, or in control of the movement of the vehicle (e.g. sitting in car with keys in the ignition).
What kinds of field sobriety tests do the police rely on?
In Pennsylvania, there are three recognized field sobriety tests police utilize in a DUI stop. They are the Horizontal Gaze Nystagmus, one-leg stand, walk and turn.
What happens if I refuse a field sobriety test?
You are not required by law to submit to a field sobriety test. However, this does not guarantee you will not be charged with the crime. Often times, police officers will rely on other evidence when finding probable cause arrest you and charge you with DUI (e.g. smell of alcohol on your breath, smell of marijuana in the car, excessive swerving on the road, etc.).
What happens if I refuse a blood or breath test?
Pennsylvania is an implied consent state. Driving is treated as a privilege and your obligation to submit to a chemical test when suspected of DUI is a condition of that privilege. There are harsh penalties for refusing to submit to chemical test above and beyond the criminal penalties you face if convicted. The Pennsylvania Department of Transportation can suspend your driver’s license for one year if you are found to have refused to submit to a chemical test after a lawful DUI arrest.
Will a DUI show up on my record?
Yes – A DUI conviction will show up on both your criminal record and your driver’s record. Although a DUI can be expunged from your criminal record in some situations, it will never come off of your driver’s history.
ARD and DUI
If you are facing your first DUI offense, you may be eligible for Accelerated Rehabilitation Disposition. See the “ARD” section for further explanation.
