3RD DEGREE FELONY DUI IN PENNSYLVANIA
Effective December 23, 2018, Pennsylvania has increased the grading and penalties for repeat DUI offenders charged with their 4th DUI Offense within the last 10 years, or charged with their 3rd DUI Offense within the last 10 years if certain conditions apply.
When can I be charged with a 3rd Degree Felony for Driving Under the Influence (DUI) in Pennsylvania?
For this section, please note that the successful completion of ARD counts as a prior offense. You can be charged with a 3rd Degree Felony DUI offense under Pennsylvania law under the following circumstances:
If it is your 4th DUI offense within the last 10 years. The rate of your BAC or tier of your offense does not matter;
It is your 3rd DUI offense within the last 10 years, and your BAC is a .16% or above;
It is your 3rd DUI offense within the last 10 years, and are charged with Driving Under the Influence of Drugs or a Controlled Substance;
It is your 3rd DUI offense within the last 10 years, and you refused breath testing, or refused blood testing requested pursuant to a search warrant or other constitutional grounds;
It is your 3rd DUI offense within the last 10 years, and you had a minor under the age of 18 in the vehicle. The rate of your BAC or tier of your offense does not matter;
You have a prior conviction for Homicide by Vehicle and are charged with a DUI. The rate of your BAC or tier of your offense does not matter;
What are the penalties associated with a Felony DUI conviction?
3rd Degree Felony DUI – Potential Penalties
| DUI Offense Level | Mandatory Minimum Jail | Maximum Sentence | Fines | License Suspension |
|---|---|---|---|---|
| 4th Offense – General Impairment | 10 days | Up to 7 years | $500 – $5,000 | 18 months |
| 4th Offense – High Rate (.10%–.159%) | 1 year | Up to 7 years | $1,500 – $10,000 | 18 months |
| 3rd Offense – Highest Rate (.16%+) or Controlled Substances | 1 year | Up to 7 years | $2,500 – $15,000 | 18 months |
| 4th Offense – Highest Rate (.16%+) or Controlled Substances | 1 year | Up to 10 years | $2,500 – $25,000 | 18 months |
A 3rd Degree Felony carries a higher Offense Gravity Score (OGS) than misdemeanor DUI offenses, which may increase the recommended sentencing guideline range above the mandatory minimum.
In addition to mandatory jail time, a felony DUI conviction may affect firearm ownership rights, voting rights, and future employment opportunities.
For a full breakdown of DUI tiers, visit our PA DUI Penalties page.
What should I do if I’m facing a Felony DUI charge?
Immediately retain the best Pittsburgh DUI lawyer you can afford, as you are facing serious consequences upon conviction. Your attorney will be able to discuss any DUI defenses that may apply, and assist you in mitigating the consequences of your case if the evidence is overwhelming.
For a free consultation, contact the Zuckerman Law Firm at 412-447-5580 today.