PENNSYLVANIA DUI PENALTIES

In Pennsylvania, the penalties associated with a new DUI offense are dictated by the Tier of your offense and whether or not you have a prior conviction for DUI within 10 years of the date of your current charges. Please review the information below to determine what penalties you may be facing if convicted on a new DUI charge. If you are charged with a DUI offense, you need to retain a qualified DUI attorney to represent you, or apply for a public defender in the county where you were charged. For a free confidential consultation, call 412-447-5580.

Tier 1 – Lowest Tier Pennsylvania DUI Offenses - Two Types of Charges #1 - Incapable of Safe Driving Without an Accident or Refusal (75 Pa.C.S. §3802(a)(1)) #2 - Adult with BAC of .08-.99% (75 Pa.C.S. § 3802(a)(2))

Grading: Ungraded Misdemeanor (M)
Mandatory Minimum Sentence: 6 months of probation
Maximum Sentence: 6 months in jail
Fines: $300
License Suspension: None
Ignition Interlock Requirement: No
ARD Eligibility: Yes if no accident with injury or child under 14 years of age in vehicle
Eligibility for House Arrest/Alternative Housing: Yes

Grading: Ungraded Misdemeanor (M)
Mandatory Minimum Sentence: 5 days in jail
Maximum Sentence: 6 months in jail
Fines: $300 to $2,500
License Suspension: 12 months
Ignition Interlock Requirement: Yes
ARD Eligibility: Yes, only if prior conviction is for a Tier 1 offense
Eligibility for House Arrest/Alternative Housing: Yes

Third and Subsequent Offense Penalties

Grading: 2nd Degree Misdemeanor (M2)
Mandatory Minimum Sentence: 10 days in jail
Maximum Sentence: 2 years in state prison
Fines: $500 to $5,000
License Suspension: 12 months
Ignition Interlock Requirement: Yes
ARD Eligibility: No
Eligibility for House Arrest/Alternative Housing: Yes for a 3rd offense, No for a 4th or subsequent offense

Fourth Offense Penalties

Grading: 3rd Degree Felony (F3)
Mandatory Minimum Sentence: 10 days in jail
Maximum Sentence: 7 years in state prison
Fines: $500 to $15,000
License Suspension: 12 months
Ignition Interlock Requirement: Yes

Tier 2 – Middle Tier Pennsylvania DUI Offenses - Five Types of Charges #1 - Incapable of Safe Driving With an Accident Causing Bodily Injury or Property Damage (75 Pa.C.S. §3802(a)(1)) #2 - Adult with BAC between .10% to .159% (75 Pa.C.S. § 3802(b)) #3 – DUI by Minor Aged 18-20 with BAC of .02% or Higher (75 Pa.C.S. § 3802(e)) #4 – DUI by Commercial Vehicle Driver with BAC of .04% or Higher (75 Pa.C.S. § 3802(f)) #5 – DUI by School Bus Driver with BAC of .02% or Higher (75 Pa.C.S. § 3802(f))

Grading: Ungraded Misdemeanor (M)
Mandatory Minimum Sentence: 2 days in jail
Maximum Sentence: 6 months in jail
Fines: $500-$5,000
License Suspension: 12 months
Ignition Interlock Requirement: Yes if convicted. No if admitted into ARD
ARD Eligibility: Yes if no accident with Serious Bodily injury or child under 14 years of age in vehicle
Eligibility for House Arrest/Alternative Housing: Yes

Grading: Ungraded Misdemeanor (M)
Mandatory Minimum Sentence: 30 days in jail
Maximum Sentence: 6 months in jail
Fines: $750-$5,000
License Suspension: 12 months
Ignition Interlock Requirement: Yes
ARD Eligibility: Yes only if prior offense was a First-Tier Offense
Eligibility for House Arrest/Alternative Housing: Yes

Third Offense Penalties

Grading: 1st Degree Misdemeanor (M1)
Mandatory Minimum Sentence: 90 days in jail
Maximum Sentence: 5 years in state prison
Fines: $1,500 to $10,000
License Suspension: 18 months
Ignition Interlock Requirement: Yes
ARD Eligibility: No
Eligibility for House Arrest/Alternative Housing: Yes

Fourth and Subsequent Offense Penalties

Grading: 3rd Degree Felony (F3)
Mandatory Minimum Sentence: 1 year in state prison
Maximum Sentence: 7 years in state prison
Fines: $1,500 to $15,000
License Suspension: 18 months
Ignition Interlock Requirement: Yes
ARD Eligibility: No
Eligibility for House Arrest/Alternative Housing: No

Tier 3 – Highest Tier Pennsylvania DUI Offenses - Three Types of Charges #1 - Incapable of Safe Driving With Refusal of Blood/Breath Testing (75 Pa.C.S. §3802(a)(1)) #2 - Adult with BAC of .16% and Above (75 Pa.C.S. § 3802(c)) #3 – DUI With Controlled Substance in System (75 Pa.C.S. § 3802(d))

Grading: Ungraded Misdemeanor (M)
Mandatory Minimum Sentence: 3 days in jail
Maximum Sentence: 6 months in jail
Fines: $1,000-$5,000
License Suspension: 12 months
Ignition Interlock Requirement: Yes if convicted. No if admitted into ARD program
ARD Eligibility: Yes if no accident with Serious Bodily injury or child under 14 years of age in vehicle
Eligibility for House Arrest/Alternative Housing: Yes

Grading: 1st Degree Misdemeanor (M1)
Mandatory Minimum Sentence: 90 days in jail
Maximum Sentence: 5 months in state prison
Fines: $1,500 to $10,000
License Suspension: 18 months
Ignition Interlock Requirement: Yes
ARD Eligibility: Yes only if prior offense was a First-Tier Offense
Eligibility for House Arrest/Alternative Housing: Yes

Third and Subsequent Offense Penalties

Grading: 3rd Degree Felony (F3)
Mandatory Minimum Sentence: 1-year in state prison
Maximum Sentence: 7 years in state prison
Fines: $2,500 to $15,000
License Suspension: 18 months
Ignition Interlock Requirement: Yes
ARD Eligibility: No
Eligibility for House Arrest/Alternative Housing: Yes for 3rd Offense, No for 4th or Subsequent Offense

Pittsburgh DUI Defense Attorney David Zuckerman has the trial experience and negotiation skills necessary to handle your DUI case from start to finish. For a free telephone consultation, please call 412-447-5580.

The Zuckerman Law Firm LLC and its owners, employees and/or agents, do not guarantee any result or outcome on any legal matter, and do not make any promises or representations regarding the accuracy of information on this website. The content of this website is for informational and/or marketing purposes only, and must not be relied upon in making legal decisions, or construed as legal advice for any individual case or situation. The viewing and/or receipt of information on this website is not intended to create, nor does it create, an attorney-client relationship in any state or jurisdiction. Please note that the free consultation referenced throughout this website is a telephone-only consultation, provided only to individuals with active criminal, DUI or traffic cases in Western Pennsylvania, and will be limited to an overview of the paid services the law firm can provide. The Zuckerman Law Firm LLC does not provide consultations to those facing cases outside of Western Pennsylvania, for those who are already represented by counsel, or for areas of law outside the scope of criminal and traffic defense. Phone calls and e-mails may or may not be returned at the sole discretion of the Zuckerman Law Firm LLC.