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
| 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 |
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
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)
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.