Penalties for DUI in Pennsylvania | Ketchel Law - Criminal Lawyers Pittsburgh

Penalties for DUI in PA

What penalties do you face after being charged with a DUI in Pennsylvania?

If you have been arrested for a DUI in Pennsylvania, you face serious consequences, including license suspension, hefty fines and possible jail time, depending on your blood alcohol content (BAC) level and whether it was your first, second or multiple offense(s).

There were recent changes to DUI Laws in Pennsylvania, increasing penalties for third and subsequent DUI offenses.

These fines and penalties could be even greater if you have been arrested for driving under the influence of drugs or prescription medication or if you are under age. If an accident or aggravated assault occurred while driving under the influence of alcohol or drugs, you could be charged with a felony.

The below information shows BAC tier levels and the consequences that the Pennsylvania Commission on Sentencing lists if you are convicted of a DUI. If you are arrested, that does not mean that you will be convicted. DUI cases can be won in court. Several factors exist in having a sentence reduced or charges dropped altogether.

For example, if the arresting officer did not have reasonable suspicion to stop your vehicle or probable cause to justify your arrest, an experienced DUI attorney can work to suppress the evidence and gain a dismissal of charges.

A knowledgeable DUI attorney can also negotiate an alternative to jail time or, for first time offenders, negotiate placement in the Accelerated Rehabilitative Disposition (ARD) program.

Read 5 Things To Know Before Hiring a DUI Lawyer.

If you have been arrested, the first step you should take is to call a DUI Attorney. Most DUI lawyers will give you a free consultation, including Justin J. Ketchel. Call Pittsburgh DUI Attorney Ketchel today at 412-456-1221 for your free consultation.

DUI PENALTIES IN PENNSYLVANIA

Below are the major penalties you face if convicted of driving while under the influence. To see a complete list, see the chart of the Pennsylvania Commission on Sentencing Penalties for DUI.

DUI in PA—General Impairment—Incapable of Safe Driving

Lowest Level Tier: BAC .08% to .099%
  • First Time DUI Conviction in PA:
    • Misdemeanor conviction;
    • Six months mandatory minimum probation;
    • $300 fine;
    • Attend Alcohol Highway Safety School;
    • Mandatory Treatment.
  • Second DUI Conviction in PA:
    • Convicted of a misdemeanor;
    • Five days minimum imprisonment and no more than six months maximum;
    • $300 to $2,500 fine;
    • 12 month license suspension;
    • Attend Alcohol Highway Safety School;
    • Mandatory one year Ignition Interlock;
    • Mandatory full D&A assessment and compliance with D&A treatment as condition of sentencing.
  • Third DUI Conviction in PA:
    • Convicted of a Misdemeanor Two;
    • Ten days minimum imprisonment;
    • $500 to $5,000 fine;
    • 12 month license suspension;
    • Mandatory one year Ignition Interlock;
    • Mandatory full D&A assessment and compliance with D&A treatment as condition of sentencing.

DUI in Pennsylvania—High Rate

Mid-Level Tier—BAC .10% to .159%
DUI—Minors
DUI—Commercial/ School Vehicles
DUI Incapable of Safe Driving with Accident and/or Injuries
  • First DUI Conviction in PA:
    • Convicted of a misdemeanor;
    • 48 consecutive hours minimum imprisonment and no more than six months maximum;
    • $500 to $5,000 fine;
    • 12 month license suspension;
    • Attend Alcohol Highway Safety School;
    • Mandatory Treatment;
    • Pending CRN, full assessment and compliance with D&A treatment as part of sentencing.
  • Second DUI Conviction in PA:
    • Convicted of a misdemeanor;
    • 30 days minimum imprisonment and no more than six months maximum;
    • $750 to $5,000 fine;
    • 12 month license suspension;
    • Attend Alcohol Highway Safety School;
    • Mandatory one year Ignition Interlock;
    • Mandatory full D&A assessment and compliance with D&A treatment as condition of sentencing.
  • Third and Subsequent DUI Conviction in PA:
    • Convicted of a Misdemeanor I;
    • 90 days minimum imprisonment;
    • $1,500 to $10,000 fine;
    • 18 month license suspension;
    • Mandatory one year Ignition Interlock;
    • Mandatory full D&A assessment and compliance with D&A treatment as condition of sentencing.
  • For fourth and subsequent DUI in PA, see full chart.

DUI in Pennsylvania—Highest Rate of Alcohol

Highest Level—BAC .16 and higher
DUI Controlled Substance (Illegal drugs or prescription meds)
DUI Incapable of Safe Driving After Refusing Testing
  • First Time DUI Conviction in PA:
    • Convicted of a misdemeanor;
    • 72 consecutive hours minimum imprisonment and no more than six months maximum;
    • $1,000 to $5,000 fine;
    • 12 month license suspension;
    • Attend Alcohol Highway Safety School;
    • Mandatory Treatment;
    • Mandatory full D&A assessment and compliance with D&A treatment as condition of sentencing.
  • Second DUI Conviction in PA:
    • Convicted of a Misdemeanor I;
    • 90 days minimum imprisonment;
    • $1,500 minimum fine;
    • 18 month license suspension;
    • Attend Alcohol Highway Safety School;
    • Mandatory one year Ignition Interlock;
    • Mandatory full D&A assessment and compliance with D&A treatment as condition of sentencing.
  • Third DUI Conviction in PA:
    • A Felony Conviction;
    • One to Seven Years in Prison;
    • Up to $15,000 in Fines;
    • 18 month license suspension;
    • Mandatory one year Ignition Interlock;
    • Mandatory full D&A assessment and compliance with D&A treatment as condition of sentencing.

Above are the major penalties you face if convicted of driving while under the influence. To see a complete list, see the chart of the Pennsylvania Commission on Sentencing Penalties for DUI.

Learn More About DUI Laws in Pennsylvania: