What is the minimum jail time for a first-offense DUI in Pennsylvania?

For general impairment (BAC .08–.099), there is no mandatory jail on a first offense. High BAC (.10–.159) carries a 48-hour mandatory minimum. Highest BAC (.16+), refusals, and controlled-substance DUIs carry a 72-hour mandatory minimum on a first offense.

How much are PA DUI fines?

First-offense fines range from $300 (general impairment) to $5,000 (Highest BAC). Second and third offenses scale up to $10,000 depending on tier, plus court costs, CRN evaluation fees, alcohol highway safety school, and supervision fees.

Does a Pennsylvania DUI suspend my license?

General-impairment first offenses carry no suspension. High BAC and Highest BAC first offenses carry a 12-month suspension. Second offenses carry 12–18 months. A chemical-test refusal triggers a separate 12-month PennDOT suspension, regardless of the criminal outcome.

Will I need an ignition interlock device?

Yes, on most DUIs that include a license suspension. Pennsylvania requires an ignition interlock device for at least 12 months after license reinstatement on High BAC, Highest BAC, refusals, and all second and subsequent offenses.

When is a Pennsylvania DUI a felony?

A DUI becomes a felony when it is a third offense in the Highest BAC / refusal tier, a fourth or subsequent offense at any tier, or when it causes serious bodily injury or death. Felony DUI carries state prison exposure and a permanent felony record.

DUI Penalties Guide

Pennsylvania DUI Penalties: Fines, Jail, and More.

Pennsylvania penalizes DUI by BAC tier and prior offenses under 75 Pa.C.S. § 3802 and § 3804. Here's the full breakdown — fines, jail, license suspension, ignition interlock, and when a DUI becomes a felony.

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How PA DUI sentencing works.

Statutes: § 3802[1], § 3804[3].Pennsylvania groups DUI offenses into three BAC tiers, and the penalty multiplies with each prior offense in the last 10 years[4]. Under Act 58 of 2025 [7], a new DUI committed within 10 years of completing ARD can be charged under the new § 3802(h) "DUI following diversion" offense — graded at the second-offense level. For a side-by-side look at each tier, see the PA DUI tiers page.

General Impairment — BAC .08–.099

1st Offense: Ungraded misdemeanor · 6 months probation · $300 fine · no license suspension · alcohol highway safety school
2nd Offense: Ungraded misdemeanor · 5 days–6 months jail · $300–$2,500 fine · 12-month suspension · 1-year interlock
3rd Offense: 2nd-degree misdemeanor · 10 days–2 years jail · $500–$5,000 fine · 12-month suspension · 1-year interlock

High BAC — BAC .10–.159

1st Offense: Ungraded misdemeanor · 48 hours–6 months jail · $500–$5,000 fine · 12-month suspension · 1-year interlock
2nd Offense: 1st-degree misdemeanor · 30 days–6 months jail · $750–$5,000 fine · 12-month suspension · 1-year interlock
3rd Offense: 1st-degree misdemeanor · 90 days–5 years jail · $1,500–$10,000 fine · 18-month suspension · 1-year interlock

Highest BAC / Refusal / Controlled Substance — BAC .16+

1st Offense: Ungraded misdemeanor · 72 hours–6 months jail · $1,000–$5,000 fine · 12-month suspension · 1-year interlock
2nd Offense: 1st-degree misdemeanor · 90 days–5 years jail · $1,500–$10,000 fine · 18-month suspension · 1-year interlock
3rd Offense: 3rd-degree felony · 1–7 years state prison · $2,500–$10,000 fine · 18-month suspension · 1-year interlock

Refusals & implied consent.

Refusing a breath or blood test triggers an automatic 12-month PennDOT license suspension under Pennsylvania's implied consent law[6] — separate from any criminal DUI penalty and imposed even if you're acquitted. A second refusal triggers an 18-month suspension and a $2,000 restoration fee.

Harrisburg DUI penalties.

Dauphin County applies these tiers at the courthouse on Market Street. If your stop was in Harrisburg, see our DUI lawyers Harrisburg PA page for local court procedure, ARD, and license-suspension defense. For non-DUI charges filed alongside a stop, see our criminal lawyers Harrisburg PA page.

Collateral consequences.

· Auto-insurance rate increases for 3–5 years
· CDL disqualification (1 year first offense / lifetime second)[8]
· Professional license discipline (nursing, law, medical, real estate)
· Immigration consequences for non-citizens
· Background-check visibility for employment & housing
· Firearm restrictions on misdemeanor-2 and felony convictions

FAQ

Frequently asked questions.

Common questions about Pennsylvania DUI penalties, fines, jail time, and license suspension.

For general impairment (BAC .08–.099), there is no mandatory jail on a first offense. High BAC (.10–.159) carries a 48-hour mandatory minimum. Highest BAC (.16+), refusals, and controlled-substance DUIs carry a 72-hour mandatory minimum on a first offense.

[1]75 Pa.C.S. § 3802 — DUI — offense definitions and BAC/impairment tiers.
[2]75 Pa.C.S. § 3803 — Grading — ungraded misdemeanor through misdemeanor of the first degree.
[3]75 Pa.C.S. § 3804 — DUI penalty tiers, mandatory minimums, license suspension, ignition interlock.
[4]75 Pa.C.S. § 3806 — Prior offense look-back window (10 years) and ARD counting rules.
[5]75 Pa.C.S. § 3807 — Accelerated Rehabilitative Disposition (ARD) for DUI.
[6]75 Pa.C.S. § 1547 — Chemical testing / implied consent; refusal suspension (12 months first, 18 months for second/subsequent).
[7]Act 58 of 2025 — Creates a separate 'DUI following diversion' offense addressing Commonwealth v. Shifflett; does not reclassify prior ARD as a §3806 prior offense.
[8]49 C.F.R. § 383.51 — CDL disqualifications — serious traffic violations; DUI/refusal one-year first-offense disqualification.

Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.

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