A DUI charge in Pennsylvania can carry consequences that go well beyond a fine. Depending on the circumstances, a conviction may involve probation or jail time, a driver’s license suspension, Alcohol Highway Safety School, drug and alcohol evaluation or treatment, and ignition interlock requirements.
Pennsylvania does not impose the same penalties in every DUI case. The potential consequences depend on several factors, including your blood alcohol concentration (BAC), whether drugs were involved, whether you have prior DUI offenses and other circumstances surrounding the arrest.
If you have been arrested or charged with DUI, contacting a DUI defense attorney as soon as possible can help you understand the charges, the potential consequences and the options available to you. An attorney can also begin reviewing the circumstances of the arrest and the evidence in your case while you prepare for what comes next.
This guide provides an overview of Pennsylvania DUI laws and penalties and some of the factors that can affect a DUI case.
What Is Considered DUI in Pennsylvania?
Pennsylvania law prohibits driving, operating or being in actual physical control of a vehicle while under the influence of alcohol or controlled substances.
For most drivers age 21 and older, a BAC of 0.08% or higher can result in a DUI charge. However, BAC is not the only way the Commonwealth can pursue a DUI case. A person may also be charged if alcohol has impaired their ability to safely operate a vehicle, even when there is no BAC result establishing a level of 0.08% or higher.
Pennsylvania law also addresses DUI involving controlled substances and combinations of drugs and alcohol.
Pennsylvania’s Three DUI Penalty Tiers
Pennsylvania generally divides alcohol-related DUI offenses into three levels based on BAC. The penalties become more serious as the BAC level and number of prior offenses increase.
| Pennsylvania DUI Level | BAC | First Offense Penalties May Include |
| General Impairment | .08% to .099% | 6 months probation · $300 fine · No mandatory jail · No license suspension* |
| High Rate of Alcohol | .10% to 159% | 48 hours to 6 months imprisonment · $500—$5,000 fine · 12-month license suspension |
| Highest Rate of Alcohol | .16% or higher | 72 hours to 6 months impirsonment · $1,000—$5,000 fine · 12-month license suspension |
This chart provides a general overview of first-offense penalties. Prior DUI offenses and other circumstances can significantly affect the charges and penalties. Alcohol Highway Safety School, drug and alcohol evaluation/treatment, and ignition interlock requirements may also apply.
For a more detailed breakdown of Pennsylvania DUI penalties, including penalties for repeat offenses, visit PennDOT’s DUI legislation resource.
General Impairment: BAC 0.08% to 0.099%
This is Pennsylvania’s lowest BAC tier. While a qualifying first offense does not carry mandatory jail time or a driver’s license suspension, the consequences can increase significantly when a person has prior DUI offenses.
High Rate of Alcohol: BAC 0.10% to 0.159%
Pennsylvania imposes greater penalties at this BAC level. Certain DUI cases may also fall within this penalty category based on circumstances other than BAC, including some cases involving crashes that result in injury or property damage.
Highest Rate of Alcohol: BAC 0.16% or Higher
This is Pennsylvania’s highest BAC tier and carries more serious mandatory minimum penalties. Drug-related DUI offenses and certain other circumstances may also be subject to penalties associated with this tier.
Repeat offenses can result in substantially longer periods of incarceration, higher fines and longer license suspensions.
What About DUI Involving Drugs?
Pennsylvania DUI law is not limited to alcohol.
A person may be charged with DUI involving controlled substances under several circumstances, including when certain controlled substances are found in the person’s blood or when a drug or combination of drugs impairs the person’s ability to safely operate a vehicle.
Drug-related DUI cases can carry serious consequences, and the specific circumstances of the case, including the substance involved, the results of chemical testing and other evidence, are important.
What If Marijuana Is Involved?
Pennsylvania’s current DUI law can create a particularly confusing situation for marijuana users, including people who are legally authorized to use medical marijuana.
Under current Pennsylvania law, marijuana remains a Schedule I controlled substance for purposes of the DUI statute. A driver can therefore be convicted of DUI based on the presence of marijuana in the blood without the Commonwealth having to prove that the driver was actually impaired. Having a valid medical marijuana card does not, by itself, provide a defense to a DUI charge.
This can become especially important because marijuana may remain detectable after its effects have worn off. Someone may believe that because they used marijuana earlier, were not feeling impaired when they drove or were using marijuana legally for medical purposes, they cannot be charged with DUI. Under Pennsylvania’s current law, that is not necessarily the case.
Marijuana DUI law continues to be the subject of litigation and proposed changes. Because the facts surrounding the traffic stop, blood testing and marijuana use can be significant, anyone facing a marijuana-related DUI charge should speak with a criminal defense attorney as soon as possible.
Does a Prior DUI Affect the Penalties?
Yes. Prior DUI history can have a significant effect on the potential penalties.
Pennsylvania’s DUI sentencing laws consider qualifying prior offenses when determining the applicable sentencing level. Repeat offenses can lead to mandatory jail or prison time, larger fines, longer license suspensions and ignition interlock requirements.
Pennsylvania law concerning prior DUI offenses and diversion programs has changed in recent years, so determining whether an earlier DUI or participation in a diversionary program affects a new case can require a careful review of the person’s record and the dates and disposition of the prior case.
Can a DUI Be a Felony in Pennsylvania?
Yes. Although many DUI offenses are misdemeanors, Pennsylvania law allows certain repeat DUI offenses and DUI cases involving particular aggravating circumstances to be charged as felonies.
The grading of the offense can depend on factors such as the type of DUI, the number and nature of prior offenses, and whether other circumstances are involved.
A DUI involving a crash that causes serious injury or death may also expose a driver to separate and significantly more serious criminal charges.
Will I Lose My Driver’s License After a DUI?
In most Pennsylvania DUI cases, a conviction carries a driver’s license suspension. The primary exception is a first-offense General Impairment DUI when the driver has no prior DUI offense within the applicable 10-year period.
Even then, your DUI history matters. A case resolved as a first-offense General Impairment DUI in criminal court does not necessarily mean PennDOT will treat it as a first offense for licensing purposes. A prior DUI in your driving history may affect how PennDOT determines the applicable license suspension.
Other DUI convictions generally carry license suspensions ranging from 12 to 18 months, depending on the offense and prior record. Different license consequences may apply when a person is accepted into and successfully completes ARD.
Because PennDOT licensing consequences and criminal court penalties do not always operate in exactly the same way, it is important to consider both when evaluating a DUI case.
What Is an Ignition Interlock Device?
An ignition interlock device requires a driver to provide a breath sample before a vehicle can be started. Additional breath samples may also be required while the vehicle is being operated.
Pennsylvania requires ignition interlock in a number of DUI situations. Eligibility for an ignition interlock limited license and the length of time the device must be used depend on the circumstances of the case and the driver’s record.
For some drivers facing a license suspension, an ignition interlock limited license may provide a way to regain limited driving privileges sooner than waiting for the entire suspension period to end.
Is ARD Available for a First DUI in Pennsylvania?
Some first-time DUI defendants may be eligible for Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program.
ARD is a pretrial diversion program rather than a DUI conviction. Eligibility is not automatic, and admission into the program is generally determined by the district attorney’s office and the court.
Requirements may include court supervision, Alcohol Highway Safety School, evaluation and treatment when appropriate, payment of costs and other conditions. Depending on the circumstances of the DUI, a driver’s license suspension may also apply.
Successful completion of ARD may allow an eligible person to seek dismissal of the charges and expungement of the case record.
Pennsylvania law regarding DUI, ARD and the treatment of subsequent DUI offenses has changed in recent years. Someone with a previous ARD disposition who is facing a new DUI should speak with an attorney about how the current law may apply to the new case.
What Other Factors Can Affect DUI Penalties?
BAC and prior offenses are important, but they are not the only considerations in a Pennsylvania DUI case. Additional issues may include:
- Whether an accident occurred
- Whether someone was injured or killed
- Whether a minor was in the vehicle
- Whether drugs were allegedly involved
- Whether chemical testing was refused
- Whether the driver held a commercial driver’s license
- Whether the driver was under age 21
- The driver’s prior DUI history
These circumstances can affect the grading of the offense, mandatory minimum penalties, driver’s license consequences or additional criminal charges.
DUI Charges Do Not Automatically Mean a Conviction
The penalties outlined in Pennsylvania law describe what may happen following a DUI conviction. Being charged with DUI is not the same as being convicted.
Depending on the circumstances, a DUI defense may involve reviewing the reason for the traffic stop, the officer’s observations, field sobriety testing, breath or blood testing procedures, the handling and analysis of chemical samples, and whether law enforcement followed the constitutional and procedural requirements that apply to the case.
The facts and evidence should be evaluated before deciding how to respond to the charges.
Talk With a Pennsylvania DUI Attorney
Pennsylvania DUI law can be complicated, particularly when prior offenses, license consequences, chemical testing, drugs or an accident are involved.
The criminal defense attorneys at Dethlefs, Pykosh & Murphy represent individuals facing DUI and other criminal charges throughout Central Pennsylvania. Our team can review the circumstances of your arrest, explain the penalties that may apply and help you understand the options available in your case.
If you have been charged with DUI or have questions after a DUI arrest, contact Dethlefs, Pykosh & Murphy to discuss your situation.
This information is provided for general informational purposes and is not intended as legal advice. DUI laws and their application can change, and the consequences in an individual case depend on the specific facts and circumstances.
