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First DUI · License

Will I lose my license for a first DUI in PA?

It depends on which tier of § 3802 is charged and how the case resolves.

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The short answer

It depends on which tier of § 3802 is charged and how the case resolves[1] . Three outcomes are possible on a first offense: no suspension at all, a 12-month suspension, or a shorter ARD suspension — plus a separate suspension if chemical testing was refused.

When there is no suspension

75 Pa.C.S. § 3804(e)(2)(iii): "There shall be no suspension for an ungraded misdemeanor under section 3802(a) where the person is subject to the penalties provided in subsection (a) and the person has no prior offense."[3]

That paragraph reaches only the § 3802(a) general-impairment tier charged as an ungraded misdemeanor. A first offense charged under § 3802(b) or § 3802(c) — the higher blood alcohol concentration tiers — or under § 3802(d) for controlled substances is not covered by it, and carries a 12-month suspension under § 3804(e)(2)(i).

The suspension on conviction

  • 12 months — § 3804(e)(2)(i): "Except as provided for in subparagraph (iii), 12 months for an ungraded misdemeanor or misdemeanor of the second degree under this chapter."
  • 18 months — § 3804(e)(2)(ii), for a misdemeanor of the first degree or a felony of the second or third degree under the chapter.[3]

The ARD suspension

If the case goes to ARD, § 3807(d) sets the suspension[4] :

  • No suspension if the blood alcohol concentration at the time of testing was less than 0.10%.
  • 30 days if at least 0.10% but less than 0.16%.
  • 60 days if 0.16% or higher, if the BAC is not known, if an accident resulting in bodily injury or in damage to a vehicle or other property occurred in connection with the events surrounding the current offense, or if the defendant was charged under § 3802(d).
  • 90 days if the defendant was a minor at the time of the offense.

A refusal is a separate suspension

A refusal suspension is a civil, PennDOT suspension that runs separately from the criminal case. Under § 1547(b)(1)(i) it is 12 months. Under § 1547(b)(1)(ii) it is 18 months if the person's operating privileges have previously been suspended under that subsection, or if the person has, prior to the refusal under that paragraph, been sentenced for an offense under § 3802, an offense under former § 3731, an offense equivalent to either, or a combination of those offenses[5] . More on PA chemical-test refusal cases.

Ignition interlock

Under 75 Pa.C.S. § 3805(a), a person who violates § 3802, or whose operating privilege is suspended under § 1547, must have an ignition interlock device installed on any vehicle the person will operate as a condition of having driving privileges restored.[6]

Section 3805(a.1) carves out a narrow exception. As that subsection currently reads, it applies only to a person who meets all of the following: is subject to the penalties under § 3804(a)(1) and has no prior offense as defined in § 3806; has no prior offense under § 3806 and certifies to PennDOT, on its form, that the person does not intend to operate a motor vehicle during the interlock period; and has not completed Accelerated Rehabilitative Disposition within the prior 10 years for an offense under § 3806(a).[7]

A note on pending changes: the act of July 20, 2026, P.L.436, No.36 (Act 36 of 2026) rewrites § 3805, replaces the ignition interlock limited license under § 1556 with a new ignition interlock driver's license under § 3805.1, and changes § 3805(a.1) from "all of the following" to "any of the following." Those changes take effect November 20, 2027. The description above states the law in effect now. An attorney can confirm how it applies to your case.

See the Pennsylvania ignition interlock guide.

What actually decides it

  • · The tier of § 3802 charged.
  • · The grading under § 3803[2] .
  • · Whether there is a prior offense.
  • · Whether ARD is available.
  • · Whether testing was refused.

An attorney can confirm how these apply to a particular case.

FAQ

Frequently asked questions.

Common questions about losing your license on a first Pennsylvania DUI.

  • It depends on which tier of § 3802 is charged and how the case resolves. A first offense can end with no suspension at all, a 12-month suspension, or a shorter ARD suspension — plus a separate suspension if chemical testing was refused.

  • Yes. Under 75 Pa.C.S. § 3804(e)(2)(iii), "There shall be no suspension for an ungraded misdemeanor under section 3802(a) where the person is subject to the penalties provided in subsection (a) and the person has no prior offense." That paragraph reaches only the § 3802(a) general-impairment tier charged as an ungraded misdemeanor. A first offense charged under § 3802(b) or § 3802(c) — the higher blood alcohol concentration tiers — or under § 3802(d) for controlled substances is not covered by it, and carries a 12-month suspension under § 3804(e)(2)(i).

  • Section 3804(e)(2)(i): "Except as provided for in subparagraph (iii), 12 months for an ungraded misdemeanor or misdemeanor of the second degree under this chapter." Under § 3804(e)(2)(ii), 18 months for a misdemeanor of the first degree or a felony of the second or third degree under the chapter.

  • Under § 3807(d) it depends on the test result and the circumstances: no suspension if the blood alcohol concentration at the time of testing was less than 0.10%; 30 days if at least 0.10% but less than 0.16%; 60 days if 0.16% or higher, if the BAC is not known, if an accident resulting in bodily injury or in damage to a vehicle or other property occurred in connection with the events surrounding the current offense, or if the defendant was charged under § 3802(d); and 90 days if the defendant was a minor at the time of the offense.

  • That is a separate, civil PennDOT suspension that runs separately from the criminal case. Under § 1547(b)(1)(i) it is 12 months; under § 1547(b)(1)(ii) it is 18 months if the person's operating privileges have previously been suspended under that subsection, or if the person has, prior to the refusal under that paragraph, been sentenced for an offense under § 3802, an offense under former § 3731, an offense equivalent to either, or a combination of those offenses.

  • Under 75 Pa.C.S. § 3805(a), a person who violates § 3802, or whose operating privilege is suspended under § 1547, must have an ignition interlock device installed on any vehicle the person will operate as a condition of having driving privileges restored. Section 3805(a.1) carves out a narrow exception. As that subsection currently reads, it applies only to a person who meets all of the following: is subject to the penalties under § 3804(a)(1) and has no prior offense as defined in § 3806; has no prior offense under § 3806 and certifies to PennDOT, on its form, that the person does not intend to operate a motor vehicle during the interlock period; and has not completed Accelerated Rehabilitative Disposition within the prior 10 years for an offense under § 3806(a). A note on pending changes: the act of July 20, 2026, P.L.436, No.36 (Act 36 of 2026) rewrites § 3805, replaces the ignition interlock limited license under § 1556 with a new ignition interlock driver's license under § 3805.1, and changes § 3805(a.1) from "all of the following" to "any of the following." Those changes take effect November 20, 2027. The description above states the law in effect now. An attorney can confirm how it applies to your case.

Related pages

Sources & statutory citations

  1. [1]75 Pa.C.S. § 3802 — DUI — offense definitions and BAC/impairment tiers.
  2. [2]75 Pa.C.S. § 3803 — Grading. For a violation of § 3802(c) or (d), or § 3802(a)(1) with a refusal: an ungraded misdemeanor with no prior offenses under § 3803(b)(2), a misdemeanor of the first degree with one prior under § 3803(b)(4), a felony of the third degree with two priors under § 3803(b)(4.1)(i), and a felony of the second degree with three or more under § 3803(b)(4.1)(ii).
  3. [3]75 Pa.C.S. § 3804 — DUI penalty tiers, mandatory minimums, license suspension, ignition interlock.
  4. [4]75 Pa.C.S. § 3807 — Accelerated Rehabilitative Disposition (ARD) for DUI.
  5. [5]75 Pa.C.S. § 1547 — Chemical testing and implied consent. A refusal suspension is 12 months under § 1547(b)(1)(i), or 18 months under § 1547(b)(1)(ii) where the person's operating privilege was previously suspended under § 1547(b) or the person was previously sentenced for § 3802, former § 3731, or an equivalent offense.
  6. [6]75 Pa.C.S. § 3805 — Ignition interlock. Under § 3805(a) an ignition interlock is a condition of restoration after a suspension under § 3802 or § 1547. Section 3805(a.1) provides a narrow carve-out which, as that subsection currently reads, requires all of its conditions to be met. Section 3805 was further amended by the act of July 20, 2026, P.L.436, No.36, effective in 16 months; the description here states the law in effect now.
  7. [7]75 Pa.C.S. § 3806 — Prior-offense look-back rules. After Shifflett, ARD may not be used as a judge-found prior offense to enhance a § 3804 sentence; Act 58 separately created § 3802(h).

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

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