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, the Zuckerman Law Firm always recommends that you seek the advice of a skilled DUI attorney. 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))

First-Offense Penalties

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

Second-Offense Penalties

  • 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
  • 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 jail or state prison
  • Fines: $500 to $5,000
  • License Suspension: 12 months
  • ARD Eligibility: No
  • Eligibility for House Arrest/Alternative Housing: Yes for a 3rd offense, No for a 4th or subsequent offense

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))

First-Offense Penalties

  • 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
  • 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

Second-Offense Penalties

  • 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
  • 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
  • ARD Eligibility: No
  • Eligibility for House Arrest/Alternative Housing: Yes

Fourth and Subsequent Offense Penalties

  • Grading: 1st Degree Misdemeanor (M1)
  • Mandatory Minimum Sentence: 1 year in state prison
  • Maximum Sentence: 5 years in state prison
  • Fines: $1,500 to $10,000
  • License Suspension: 18 months
  • 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))

First-Offense Penalties

  • 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
  • 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

Second-Offense Penalties

  • 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
  • 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: 1st Degree Misdemeanor (M1)
  • Mandatory Minimum Sentence: 1-year in state prison
  • Maximum Sentence: 5 years in state prison
  • Fines: $2,500 to $10,000
  • License Suspension: 18 months
  • ARD Eligibility: No
  • Eligibility for House Arrest/Alternative Housing: Yes for 3rd Offense, No for 4th or Subsequent Offense

For further information, please review the following chart from the Pennsylvania Commission on Sentencing.

DUI Defense Attorney David Zuckerman has the trial experience, negotiation skills, education and ability to handle your case from start to finish. For a free consultation, please call 412-447-5580. Weekend and evening appointments available.