Pennsylvania DUI Laws & Penalties
Last reviewed:
PA uses a THREE-TIER system by BAC — general impairment (0.08–0.099), high rate (0.10–0.159), highest rate (0.16+) — penalties differ by tier at every offense level. Pages must present the tier grid.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.02%, enhanced at 0.16%).
- Lookback period: 10 years.
- Primary statute: 75 Pa.C.S. § 3802 (offense); § 3804 (penalties)
Tiers: 0.10 (high rate) and 0.16 (highest rate). Drug DUI and most refusals are sentenced at the highest tier.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | ungraded misdemeanor | none (general impairment) / 48 hours (high) / 72 hours (highest) – 6 months; mandatory min tier-dependent as above | $300–$5,000 (general: $300 flat; high: $500–5,000; highest: $1,000–5,000) | NONE for general impairment; 12 months for high/highest – 12 months; hardship: Ignition Interlock Limited License (IILL) available almost immediately for high/highest | Not required |
| Second offense | ungraded misdemeanor (high/highest: misdemeanor of the first degree at some tiers) | 5 days (general) / 30 days (high) / 90 days (highest) – 6 months (general/high) / 5 years (highest, M1); mandatory min tier-dependent as above | $300–$10,000 (general: $300–2,500; high: $750–5,000; highest: $1,500–10,000) | 12 months (general/high) – 18 months (highest); hardship: IILL after waiting period | Required |
| Third offense | misdemeanor (general/high: M1) — FELONY of the third degree for highest rate (and any 4th offense) since Act 153 (Dec 2018) | 10 days (general) / 90 days (high) / 1 year (highest, felony) – 2 years (general M2) / 5 years (M1) / 7 years (felony 3); mandatory min tier-dependent | $500–$15,000 (high: $1,500–10,000; highest (felony): $2,500–15,000) | 12 months (general) – 18 months (high/highest); hardship: IILL | Required |
First offense
- Classification: ungraded misdemeanor
- Jail: none (general impairment) / 48 hours (high) / 72 hours (highest) – 6 months; mandatory min tier-dependent as above
- Fine: $300–$5,000 (general: $300 flat; high: $500–5,000; highest: $1,000–5,000)
- License suspension: NONE for general impairment; 12 months for high/highest – 12 months; hardship: Ignition Interlock Limited License (IILL) available almost immediately for high/highest
- Alternative disposition: ARD (Accelerated Rehabilitative Disposition) for most first offenders: dismissal + expungement after program; suspension only 0–90 days. The single most important PA fact for first-offense readers.
- Interlock: Not mandatory on a first offense, but the IILL is the practical route to keep driving.
- General-impairment first offense with no accident: probation up to 6 months, $300, no suspension — among the lightest first-DUI outcomes in the US.
Second offense
- Classification: ungraded misdemeanor (high/highest: misdemeanor of the first degree at some tiers)
- Jail: 5 days (general) / 30 days (high) / 90 days (highest) – 6 months (general/high) / 5 years (highest, M1); mandatory min tier-dependent as above
- Fine: $300–$10,000 (general: $300–2,500; high: $750–5,000; highest: $1,500–10,000)
- License suspension: 12 months (general/high) – 18 months (highest); hardship: IILL after waiting period
- Interlock: 1-year ignition interlock required on restoration for a second offense.
Third offense
- Classification: misdemeanor (general/high: M1) — FELONY of the third degree for highest rate (and any 4th offense) since Act 153 (Dec 2018)
- Jail: 10 days (general) / 90 days (high) / 1 year (highest, felony) – 2 years (general M2) / 5 years (M1) / 7 years (felony 3); mandatory min tier-dependent
- Fine: $500–$15,000 (high: $1,500–10,000; highest (felony): $2,500–15,000)
- License suspension: 12 months (general) – 18 months (high/highest); hardship: IILL
- Habitual-offender consequences can stack; verify current felony thresholds under Act 153 at page QC.
Refusing a chemical test (implied consent)
Civil PennDOT suspension for refusal: 12 months (18 months with a prior), PLUS restoration fee up to $2,000. Criminally, refusal is sentenced at the highest tier — post-Birchfield this enhancement applies to breath-test refusal; warrantless BLOOD-refusal criminal enhancement was struck down. ⚠️ nuanced — verify current case law at page QC.
Statute: 75 Pa.C.S. § 1547
Ignition interlock
Ignition Interlock Limited License (IILL, since 2017) lets high/highest first offenders and repeat offenders drive with an IID during suspension; 1-year IID mandatory on restoration after 2nd+ convictions.
Statute: 75 Pa.C.S. §§ 3805, 1556
Frequently asked questions
What is the penalty for a first DUI in Pennsylvania?
A first DUI in Pennsylvania is a ungraded misdemeanor. Jail: none (general impairment) / 48 hours (high) / 72 hours (highest) – 6 months; mandatory min tier-dependent as above. Fine: $300–$5,000 (general: $300 flat; high: $500–5,000; highest: $1,000–5,000). License suspension: NONE for general impairment; 12 months for high/highest – 12 months; hardship: Ignition Interlock Limited License (IILL) available almost immediately for high/highest.
What is the legal BAC limit in Pennsylvania?
0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
How long does Pennsylvania look back at prior DUI offenses?
10 years.