Pennsylvania DUI Laws

By Javier Marín, Editor·Last reviewed September 2026·How we check this

Pennsylvania DUI law is unusual in that it ties penalties to the BAC tier, not just to the fact of being over the limit. The Pennsylvania DUI statute (75 Pa.C.S. §3802) creates three alcohol tiers and a separate controlled-substance tier — each with its own minimum jail term, fine range, and license suspension. Most first-time offenders also have access to the Accelerated Rehabilitative Disposition (ARD) diversion program.

The three BAC tiers

General Impairment. BAC of 0.08-0.099% — the lowest tier.
High BAC. BAC of 0.10-0.159% — middle tier.
Highest BAC. BAC of 0.16% or above — top tier, with the steepest minimum penalties.
Controlled Substance / Combination. Any measurable amount of a Schedule I controlled substance, or a combination of alcohol and drugs — treated at Highest BAC penalty levels.
Commercial drivers (CDL): 0.04% threshold.
Drivers under 21: 0.02% threshold (Pennsylvania's "zero tolerance").

First-offense General Impairment penalties

The lightest of the DUI tiers. A first-offense General Impairment carries:

Misdemeanor of the first degree (ungraded misdemeanor for first offense at this tier).
Six months of probation — no mandatory minimum jail.
$300 fine.
No license suspension — an unusual feature unique to Pennsylvania at this tier.
Mandatory completion of an alcohol-highway-safety class.
Drug-and-alcohol assessment.

This is one of the very few "DUI" charges in the country that does not involve a license suspension on first offense.

First-offense High BAC penalties

Misdemeanor of the first degree.
2-day mandatory minimum jail (often served on weekends or under house arrest).
$500-$5,000 fine.
12-month license suspension.
Mandatory ignition interlock for one year on every vehicle the driver owns.
Mandatory alcohol-highway-safety class and treatment if recommended.

First-offense Highest BAC penalties

Misdemeanor of the first degree.
72-hour mandatory minimum jail.
$1,000-$5,000 fine.
12-month license suspension.
Mandatory ignition interlock for one year.
Mandatory alcohol-highway-safety class and treatment if recommended.

The ARD diversion program

Most first-time DUI offenders qualify for the Accelerated Rehabilitative Disposition program, the most important diversion option in Pennsylvania law. Under ARD:

The DUI charge is held in abeyance while the defendant completes 6-24 months of probation.
The driver pays court costs and a small ARD fee.
The driver completes the alcohol-highway-safety class.
License suspension is shorter under ARD than after a conviction (1-12 months depending on tier and BAC).
If probation is completed successfully, the DUI charge is dismissed and the arrest record can be expunged.

ARD is available only once per lifetime in DUI cases. It is granted at the discretion of the District Attorney; some counties have specific protocols on which BACs and circumstances qualify.

Implied consent and chemical-test refusal

Every Pennsylvania driver consents to chemical testing as a condition of holding a license. Refusing a breath, blood, or urine test on arrest triggers:

An automatic 12-month license suspension on first refusal (18 months on a second within 10 years).
The refusal is admissible at trial as evidence of consciousness of guilt.
The refusal does not, by itself, prevent prosecution — the Commonwealth can prove DUI by other evidence.
If convicted of any tier of DUI after a refusal, mandatory ignition interlock applies for one year.

Ignition interlock requirements

For all DUI tiers above General Impairment, Pennsylvania requires an ignition interlock device on every vehicle the driver owns or operates. The IID:

Is installed at the driver's expense (typically $70-$130 per month plus a $100 install fee).
Prevents the vehicle from starting if any measurable BAC is detected.
Performs rolling re-tests during operation.
Reports failed tests to PennDOT, which can extend the IID period.

Repeat offenses

A second Pennsylvania DUI within 10 years carries enhanced minimum sentences: 5-day jail at General Impairment, 30-day jail at High BAC, and 90-day jail at Highest BAC, with longer license suspensions and 12-24 month IID requirements. A third DUI within 10 years is graded as a third-degree felony at the High and Highest BAC tiers, with up to seven years of state prison and an 18-month license suspension.

SR-22 insurance after DUI

Every DUI conviction in Pennsylvania (and most ARD enrollments) requires SR-22 insurance for three years after the suspension period ends. The full insurance impact is on the Pennsylvania car insurance page.