Pennsylvania DUI & Distracted Driving Laws

DUI laws in Pennsylvania

There are three levels of DUI in Pennsylvania:

• General impairment: .08 to .099% Blood Alcohol Content (BAC)
• High BAC: .10 to .159% BAC
• Highest BAC: .16% to higher

General impairment penalties in Pennsylvania

No prior DUI offenses

The first offense is an upgraded misdemeanor. If convicted, you could get:

• A $300 fine.
• Up to six months probation.
• Requirement to attend an Alcohol Highway Safety School.
• Treatment when ordered by the state.

One prior DUI offense

The second offense is an upgraded misdemeanor. If convicted, you could face:

• A $300 to $2,500 fine.
• Five days to six months in jail.
• 12-month license suspension.
• Requirement to attend an Alcohol Highway Safety School.
• Treatment when ordered by the state.
• One year driving with an ignition interlock.

Two or more prior DUI offenses

The third and subsequent offenses are a second-degree misdemeanor. If convicted, you could face:

• A $500 to $5,000 fine.
• 10 days to two years in prison.
• 12-month license suspension.
• Treatment when ordered by the state.
• One year driving with an ignition interlock.

Penalties for high BAC in Pennsylvania

High BAC is .10% to .159% in Pennsylvania.

No prior DUI offenses

The first offense is an upgraded misdemeanor. If convicted, you could face:

• A $500 to $5,000 fine.
• 48 hours to six months in prison.
• 12-month license suspension.
• Requirement to attend an Alcohol Highway Safety School.
• Treatment when ordered by the state.

One prior DUI offense

The second offense is an upgraded misdemeanor. If convicted, you could face:

• A $750 to $5,000 fine.
• 30 days to six months in prison.
• 12-month license suspension.
• Requirement to attend an Alcohol Highway Safety School.
• Treatment when ordered by the state.
• One year driving with an ignition interlock.

Two or more prior DUI offenses

The third offense is a first-degree misdemeanor. If convicted, you could face:

• A $1,500 to $10,000 fine.
• 90 days to five years in prison.
• 18-month license suspension.
• Treatment when ordered by the state.
• One year driving with an ignition interlock.

Three or more prior DUI offenses

The fourth and subsequent offenses are a first-degree misdemeanor. If convicted, you could face:

• A $1,500 to $10,000 fine.
• One to five years in prison.
• 18-month license suspension.
• One to five years in prison.
• Treatment when ordered by the state.
• One year driving with an ignition interlock.

Highest BAC penalties in Pennsylvania

Highest BAC is defined as .16% or higher in Pennsylvania.

No prior DUI offenses

The first offense is an upgraded misdemeanor. If convicted, you could face:

• A $1,000 to $5,000 fine.
• 72 hours to six months in prison.
• 12-month license suspension.
• Requirement to attend an Alcohol Highway Safety School.
• Treatment when ordered by the state.

One prior DUI offense

The second offense is a first-degree misdemeanor. If convicted, you could face:

• A $1,500 to $10,000 fine.
• 90 days to five years in prison.
• 18-month license suspension.
• Requirement to attend an Alcohol Highway Safety School.
• Treatment when ordered by the state.
• One year driving with an ignition interlock.

Two or more prior DUI offenses

The third and subsequent offenses are first-degree misdemeanors. If convicted, you could face:

• A $2,500 to $10,000 fine.
• One to five years in prison.
• 18-month license suspension.
• Treatment when ordered by the state.
• One year driving with an ignition interlock.

Refusal of chemical testing in Pennsylvania

Drivers who refuse breath or chemical testing may be subject to the "highest BAC" penalties above.

DUI penalty source: The Pennsylvania Department of Transportation and the National Conference of State Legislatures

Distracted driving laws in Pennsylvania