Pennsylvania · DUI · Checked October 2026
DUI Laws in Pennsylvania
What Happens if You Get a DUI in Pennsylvania?
Pennsylvania calls it DUI, and the legal limit for adult drivers is 0.08 blood alcohol content.
- License hearing deadline
- 30 days to challenge your license suspension
- First offense jail
- No jail at the general impairment tier (0.08 to 0.099): 6 months' probation; 48 hours minimum at 0.10 to 0.159; 72 hours minimum at 0.16 or higher, with drugs, or after a refusal; up to 6 months
- First offense fine
- $300 (general impairment); $500 to $5,000 (high rate); $1,000 to $5,000 (highest rate, drugs or refusal)
- First offense license
- None at the general impairment tier; 12 months at the high and highest tiers
- Felony
- A DUI with three or more prior offenses is a third-degree felony. At the highest tier, with drugs or after a refusal, two priors make it a third-degree felony and three or more a second-degree felony. Two priors with a minor under 18 in the vehicle is also a third-degree felony
Pennsylvania DUI Laws: Key Facts
- Legal limit (adults)
- 0.08 BAC75 Pa.C.S. § 3802(a)(2), (b), (c), (e), (f)
- Commercial drivers (CDL)
- 0.04 BAC
- Drivers under 21
- 0.02 BAC (0.02 or higher within two hours of driving (minors, defined as under 21))
- Enhanced penalties from
- 0.1 BAC
- Lookback period
- 10 years
- Sobriety checkpoints
- Allowed
Pennsylvania DUI Penalties by Offense
| Penalty | First offense | Second offense | Third offense |
|---|---|---|---|
| Charge | ungraded misdemeanor | ungraded misdemeanor (general impairment and high rate); first-degree misdemeanor (highest rate, drugs or refusal) | second-degree misdemeanor (general impairment); first-degree misdemeanor (high rate); third-degree felony (highest rate, drugs or refusal) |
| Jail | no jail at the general impairment tier (0.08 to 0.099): 6 months' probation; 48 hours minimum at 0.10 to 0.159; 72 hours minimum at 0.16 or higher, with drugs, or after a refusal; up to 6 months | 5 days minimum (general impairment), 30 days (high rate) or 90 days (highest rate, drugs or refusal) | 10 days minimum (general impairment), 90 days (high rate) or 1 year (highest rate, drugs or refusal) |
| Fine | $300 (general impairment); $500 to $5,000 (high rate); $1,000 to $5,000 (highest rate, drugs or refusal) | $300 to $2,500 (general impairment); $750 to $5,000 (high rate); at least $1,500 (highest rate, drugs or refusal) | $500 to $5,000 (general impairment); $1,500 to $10,000 (high rate); at least $2,500 (highest rate, drugs or refusal) |
| License suspension | none at the general impairment tier; 12 months at the high and highest tiers | 12 months (ungraded misdemeanor); 18 months at the highest tier, with drugs or after a refusal (first-degree misdemeanor) | 12 months (second-degree misdemeanor) or 18 months (first-degree misdemeanor or felony) |
| Ignition interlock | not required for a first general impairment offense; required for 1 year after a 12-month suspension before full restoration | required for 1 year or 18 months after restoration | required for 1 year or 18 months after restoration |
First offense: 75 Pa.C.S. §§ 3803(a)(1), (b)(1)-(2); 3804(a)(1), (b)(1), (c)(1), (e)(2); 3805 · Second offense: 75 Pa.C.S. §§ 3803(a)(1), (b)(1), (b)(4); 3804(a)(2), (b)(2), (c)(2), (e)(2); 3805(e.1); 3806(b) · Third offense: 75 Pa.C.S. §§ 3803(a)(2), (b)(3), (b)(4.1)(i); 3804(a)(3), (b)(3), (c)(3), (c.2), (e)(2)
When Penalties Are Higher
- BAC 0.10 to 0.159, a minor driver at 0.02 or more, a commercial driver at 0.04 or more, a school bus driver at 0.02 or more, or a crash causing injury or property damage: High-rate penalties: first offense 48 consecutive hours in jail, $500 to $5,000 fine, 12-month suspension75 Pa.C.S. § 3804(b)
- BAC 0.16 or higher, any amount of a Schedule I or unprescribed Schedule II/III drug, drug impairment, or refusing a breath test or a warrant blood test: Highest-rate penalties: first offense 72 consecutive hours in jail and a $1,000 to $5,000 fine; second offense 90 days and at least $1,50075 Pa.C.S. § 3804(c)
- A minor under 18 in the vehicle: First-degree misdemeanor (felony with two priors); first offense adds a fine of at least $1,000 and 100 hours of community service; second offense adds at least $2,500 and 1 to 6 months in jail75 Pa.C.S. §§ 3803(b)(5), 3804(c.1)
- A new DUI within 10 years after completing ARD for a DUI: A separate offense under § 3802(h)(1), sentenced like a second offense75 Pa.C.S. §§ 3802(h), 3804(a)(2), (b)(2), (c)(2)
More on Pennsylvania DUI penalties · Estimate penalties for your situation
If You Refuse a Breath or Blood Test
PennDOT suspends your license for 12 months (18 months with a prior refusal suspension or prior DUI sentence), with a restoration fee of $500, $1,000 or $2,000; a DUI conviction after refusing a breath test carries the highest-tier penalties75 Pa.C.S. § 1547(b), (b.2); § 3804(c)
Official source: if you refuse a breath or blood test in Pennsylvania
Getting a Ignition Interlock Limited License
Available for DUI, ARD and chemical test refusal suspensions; you may apply no sooner than 30 days after the conviction, ARD admission or refusal report. DUI and refusal suspensions are not eligible for an occupational limited license.
Official source: getting a ignition interlock limited license in Pennsylvania
Ignition Interlock
First offense: Not for a first general impairment offense; required after a suspension for a first high-rate, highest-rate or refusal case before full restoration Repeat offenses: Yes, for repeat offenders The interlock term is 1 year or 18 months from restoration, with credit starting when the ignition interlock limited license is issued. PennDOT's fact sheet puts average lease costs at $900 to $1,300 per year.
Can a DUI Come Off Your Record?
ARD records are expunged after completion (the clerk keeps a sealed copy for 12 years, then expunges it); a DUI conviction can be sealed through limited access Waiting period: 7 years free of conviction for any offense punishable by a year or more Misdemeanors punishable by no more than two years (and second- and third-degree misdemeanors) qualify for automatic clean slate limited access after seven conviction-free years once restitution is paid; other qualifying misdemeanors may be sealed by petition after seven years
Official source: can a dui come off your record? in Pennsylvania
DUI Checkpoints
Sobriety checkpoints are allowed in Pennsylvania. Legal basis: Statute: police may stop vehicles when engaged in a systematic program of checking vehicles or drivers.75 Pa.C.S. § 6308(b)
Drivers Under 21
Minors (under 21) may not drive with 0.02 or more within two hours of driving High-rate penalties: first offense at least 48 consecutive hours in jail, $500 to $5,000 fine and a 12-month suspension
Driving After Using Drugs
Yes. The DUI statute covers any amount of a Schedule I controlled substance, an unprescribed Schedule II or III substance or a metabolite, drug impairment, alcohol and drugs combined, and inhalants; drug cases get highest-tier penalties
More on DUI Law in Pennsylvania
For the state's own guidance, see PennDOT Driver and Vehicle Services: DUI Legislation.
This page summarizes Pennsylvania law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Pennsylvania can advise on your case.
Frequently Asked Questions
What Is the Penalty for a First DUI in Pennsylvania?
Jail: no jail at the general impairment tier (0.08 to 0.099): 6 months' probation; 48 hours minimum at 0.10 to 0.159; 72 hours minimum at 0.16 or higher, with drugs, or after a refusal; up to 6 months. Fine: $300 (general impairment); $500 to $5,000 (high rate); $1,000 to $5,000 (highest rate, drugs or refusal). License suspension: none at the general impairment tier; 12 months at the high and highest tiers.
How Long Do You Have to Request a License Hearing in Pennsylvania?
30 days. How it is counted: the entry of PennDOT's suspension order (appeal to the court of common pleas, serving a copy on PennDOT's legal office). File a petition for appeal in the county court of common pleas and serve it, with the suspension notice, on PennDOT's legal office; filing generally stays the suspension until the court decides. If you miss it, the suspension usually takes effect automatically.
When Is a DUI a Felony in Pennsylvania?
A DUI with three or more prior offenses is a third-degree felony. At the highest tier, with drugs or after a refusal, two priors make it a third-degree felony and three or more a second-degree felony. Two priors with a minor under 18 in the vehicle is also a third-degree felony.
Are DUI Checkpoints Legal in Pennsylvania?
Yes. Legal basis: Statute: police may stop vehicles when engaged in a systematic program of checking vehicles or drivers.