Pennsylvania · DUI · Checked October 2026

Pennsylvania DUI Penalties: First, Second and Third Offense

Pennsylvania DUI Penalties: What Are the Rules?

Pennsylvania sets DUI penalties by offense, and they rise with each conviction.

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
Lookback period
10 years

Pennsylvania DUI Penalties by Offense

DUI penalties in Pennsylvania
PenaltyFirst offenseSecond offenseThird offense
Chargeungraded misdemeanorungraded 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)
Jailno 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 months5 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 suspensionnone at the general impairment tier; 12 months at the high and highest tiers12 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 interlocknot required for a first general impairment offense; required for 1 year after a 12-month suspension before full restorationrequired for 1 year or 18 months after restorationrequired for 1 year or 18 months after restoration

Other First Offense Penalties in Pennsylvania

  • Alcohol highway safety school
  • Drug and alcohol assessment and any treatment ordered
  • Accelerated Rehabilitative Disposition (ARD) may be offered for many first offenses

Official source: other first offense penalties (Pennsylvania)

Other Second Offense Penalties in Pennsylvania

  • Applies to one prior DUI within 10 years
  • Alcohol highway safety school and treatment requirements

Official source: other second offense penalties (Pennsylvania)

Other Third Offense Penalties in Pennsylvania

  • Applies to two prior DUIs within 10 years
  • Sentence runs consecutively to any other sentence

Official source: other third offense penalties (Pennsylvania)

When Penalties Are Higher in Pennsylvania

  • 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 suspension
  • 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 $1,500
  • 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 jail
  • A new DUI within 10 years after completing ARD for a DUI: A separate offense under § 3802(h)(1), sentenced like a second offense

Official source: when penalties are higher (Pennsylvania)

When a DUI Is 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.75 Pa.C.S. § 3803(a)(3)-(4), (b)(4.1), (b)(5)(ii)

Official source: when a dui is a felony (Pennsylvania)

How Far Back Prior Offenses Count in Pennsylvania

10 years. A prior offense counts for grading, penalties and ignition interlock if it occurred within 10 years before the current offense75 Pa.C.S. § 3806(b)(1)

Official source: how far back prior offenses count (Pennsylvania)

More on DUI Law in Pennsylvania

See the full overview of DUI laws in Pennsylvania and read about first-offense DUI penalties across the states.

This page summarizes Pennsylvania law from official sources, checked October 2026. It isn't legal advice; 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.

What Is the Penalty for a Second DUI in Pennsylvania?

Jail: 5 days minimum (general impairment), 30 days (high rate) or 90 days (highest rate, drugs or refusal). Fine: $300 to $2,500 (general impairment); $750 to $5,000 (high rate); at least $1,500 (highest rate, drugs or refusal). License suspension: 12 months (ungraded misdemeanor); 18 months at the highest tier, with drugs or after a refusal (first-degree misdemeanor).

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.

Sources

  1. Penalties: 75 Pa.C.S. §§ 3803(a)(1), (b)(1)-(2); 3804(a)(1), (b)(1), (c)(1), (e)(2); 3805

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.