Pennsylvania DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
First offense §75-3802
A first DUI in Pennsylvania is classified as a ungraded misdemeanor (General Impairment, BAC 0.08–0.099); higher tiers escalate.
- Jail: none (General Impairment); 48 hours (High BAC 0.10–0.159); 72 hours (Highest BAC ≥ 0.16) minimum to 6 months maximum
- Fine: $300 to $5,000 (Highest tier)
- License suspension: none (General Impairment, first offense); 12 months (High BAC); 12 months (Highest BAC)
- Substance abuse program: Alcohol Highway Safety School (AHSS) required; CRN evaluation mandatory
- Community service: court may order community service
- Probation: available
Second offense
- Jail: 5 days (General); 30 days (High); 90 days (Highest) minimum to 6 months maximum
- Fine: $300 to $5,000
- License suspension: 12 months (all tiers on second offense)
Third and subsequent offenses
- Jail/prison: 10 days (General); 90 days (High); 1 year (Highest) minimum to 2 years maximum
- Fine: $500 to $10,000
- License suspension: 18 months
- Felony threshold: third offense (any tier) is a 2nd-degree misdemeanor; DUI causing death is a 3rd-degree felony
Penalty comparison by offense tier
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First DUI | none (General Impairment); 48 hours (High BAC 0.10–0.159); 72 hours (Highest BAC ≥ 0.16)–6 months §75-3802 | $300–$5,000 (Highest tier) §75-3802 | none (General Impairment, first offense); 12 months (High BAC); 12 months (Highest BAC) §75-3802 | |
| Second DUI | 5 days (General); 30 days (High); 90 days (Highest)–6 months §75-3802 | $300–$5,000 §75-3802 | 12 months (all tiers on second offense) §75-3802 | |
| Third DUI | 10 days (General); 90 days (High); 1 year (Highest)–2 years §75-3802 | $500–$10,000 §75-3802 | 18 months §75-3802 |
Lookback period
Pennsylvania uses a 10 years Lookback period to determine how prior offenses affect sentencing. Only DUI convictions within this window count toward the escalating penalty tiers.
Enhanced penalties for aggravating factors §75-3802(b)(c)
- BAC ≥ 0.10 (High tier — additional penalties)
- BAC ≥ 0.16 (Highest tier — maximum penalties)
- Controlled substance in blood
- Minors in vehicle
- Prior DUI within 10 years
What these penalties mean in practice
Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
Related guides
- 1st offense: none (General Impairment); 48 hours (High BAC 0.10–0.159); 72 hours (Highest BAC ≥ 0.16) to 6 months jail, $300-$5,000 (Highest tier) fine, none (General Impairment, first offense); 12 months (High BAC); 12 months (Highest BAC) suspension
- 2nd offense: 5 days (General); 30 days (High); 90 days (Highest) to 6 months jail, $300-$5,000 fine
- 3rd+ offense: 10 days (General); 90 days (High); 1 year (Highest) to 2 years jail, $500-$10,000 fine
- Lookback period: 10 years