Pennsylvania's DUI laws generally prohibit driving while under the influence of drugs or alcohol. The penalties for a conviction depend mostly on how many prior convictions the driver has.
This article explains how Pennsylvania defines driving under the influence and the consequences of getting a first, second, and third DUI conviction.
Pennsylvania prohibits any person from driving or being in
actual physical control of a vehicle:
A driver is considered under the influence of drugs or alcohol if rendered incapable of safely driving.
The consequences of a DUI conviction depend on various factors, including the number of prior offenses the driver has within the last ten years and the circumstances of the incident. For sentencing purposes, Pennsylvania has three main categories of DUIs: "general impairment," "high rate," and "highest rate."
Drivers who are under the influence (as defined above)
or who have a BAC of at least .08% but less than .10% can be convicted of a general impairment DUI and face the following penalties.
| 1st Offense | 2nd Offense | 3rd Offense |
| Jail | 6 months probation but no jail time | 5 days to 6 months | 10 days to 2 years |
| Fines | $300 | $300 to $2,500 | $500 to $5,000 |
| License Suspension | None | 12 months | 12 months |
The following penalties are those for high rate DUIs and apply to drivers who had a BAC of at least .10% but less than .16%, were operating a commercial vehicle, were under 21 years old, or caused an accident resulting in injury, death, or property damage.
| 1st Offense | 2nd Offense | 3rd Offense |
| Jail | 48 hours to 6 months | 30 days to 6 months | 90 days to 5 years |
| Fines | $500 to $5,000 | $750 to $5,000 | $1,500 to $10,000 |
| License Suspension | 12 months | 12 months | 18 months |
The last category of penalties, high rate DUIs, includes offenses where the driver had a BAC of .16% or more, refused breathalyzer testing in violation of
the state's implied consent law, or had controlled substances in his or her system.
| 1st Offense | 2nd Offense | 3rd Offense (Felony) |
| Jail | 72 hours to 6 months | 90 days to 5 years | 1 to 5 years |
| Fines | $1,000 to $5,000 | $1,500 to $10,000 | $2,500 to $10,000 |
| License Suspension | 12 months | 18 months | 18 months |
Pennsylvania requires all drivers lawfully arrested for a DUI to submit to a
breath or
blood test. A refusal will result in the following penalties:
- First offense. 12-month license suspension and $500 license reinstatement fee
- Second offense. 18-month suspension and $1,000 reinstatement fee
- Third offense. 18-month suspension and $2,000 reinstatement fee
All drivers who receive a license suspension for a DUI conviction or a test refusal will need to have an
ignition interlock device (IID) in their vehicle for at least one year after license reinstatement. Generally, a driver can obtain limited driving privileges during the suspension by installing the IID after serving half of the suspension period.
Pennsylvania has an alternative program for DUI first offenders (those with no priors within the past ten years) that can reduce some of the consequences of a DUI offense. Program participants must complete:
- an alcohol highway safety school program
- an alcohol and drug evaluation and recommended treatment
- six to 12 months of court supervision, and
- a reduced driver's license suspension period.
However, participants who successfully complete all requirements earn the dismissal of their DUI charge.
How PA defines "driving under the influence" and the penalties for a 1st, 2nd, and 3rd DUI conviction
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If you have been convicted of three DUIs in the past, you already know how severe the penalties are. Unfortunately, recent changes in the laws have increased the penalties for fourth time offenders. Fourth (and subsequent) offenses are now a FELONY in Pennsylvania.
If you are convicted of a felony of the third degree, you are facing from 1 to 7 years in prison and up to $15,000 in fines. On top of that, your license will be suspended for 18 months, plus 1 year of required ignition interlock.
The punishment does not end there. Because this is a FELONY, there are a host of other consequences you will face as a result of being a convicted felon.
- Your car insurance rates will be extremely high, if you can get insurance at all
- You will not be able to own a firearm
- You lose eligibility for student loans
- If you hold a professional license, it may be suspended for 10 years
- As a convicted felon, your crimes will show up on a criminal background check making it very difficult for you to get a job
(Also see:
Felony Conviction Consequences in Pennsylvania)
As you can see, the penalties for a fourth offense are very serious. You are facing jail and a long license suspension. This is why it is highly advised that you seek the best legal help you can find. If you have been charged with a DUI in PA, please call (717) 690-8643 to speak to an experienced defense attorney at The McShane Firm. We have helped thousands of Pennsylvania residents and we have the knowledge and experience to fight for you.
If you have been convicted of three DUIs in the past, you already know how severe the penalties are. Unfortunately, recent changes in the laws have increased the penalties for fourth time offenders. Fourth (and subsequent) offenses are now a FELONY in Pennsylvania. If you are convicted of a...
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