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))

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

• 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

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

• 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))

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

• 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

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

• 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))

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

• 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

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

• 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.