Michael DiCindio | February 12, 2020 | DUI

How Much Time Can You Get for a DUI in PA?

Driving under the influence of alcohol or drugs is treated seriously in Pennsylvania. If you are convicted of a DUI offense, you will face serious penalties. The consequences for a DUI conviction will depend on your blood alcohol concentration within two hours of driving and whether you have had any previous DUI convictions.

DiCindio Law can help you to understand the penalties that you might face if you are convicted and the potential defenses that might be raised in your case.

How Pennsylvania Classifies DUI Offenses

Pennsylvania uses a three-tier DUI system to classify DUIs by the driver’s blood alcohol concentration when he or she is arrested. While the state has a threshold of 0.08% for DUI offenses, the penalties are increasingly more severe as the BAC level goes up.

The three tiers of DUI offenses include general impairment DUIs, high BAC DUIs, and highest BAC DUIs. Similarly, the penalties increase for subsequent convictions at all three BAC levels.

First-Offense DUIs in Pennsylvania

The penalties that you might face for a first-offense DUI conviction will depend on your BAC at the time of your arrest.

General impairment DUI offenses may be charged if your BAC results fell between 0.08% and 0.99%. You may be charged with a high BAC DUI if your BAC tested from 0.10% and 0.159% within two hours of driving.

Finally, you may be charged with the highest BAC DUI offense if your BAC tested at 0.16% or higher within two hours of driving.

Penalties for a First DUI Offense

If you are convicted of a first DUI offense in Pennsylvania, the penalties that you will face will depend on your BAC level. The penalties for a first offense general impairment DUI include the following:

  • $300 fine
  • Up to six months of probation
  • Alcohol highway traffic school
  • Treatment if ordered

If you are convicted of a first high BAC DUI offense, you will face the following penalties:

  • 48 hours up to six months in jail
  • Fine from $500 to $5,000
  • Alcohol highway safety school
  • Treatment may be ordered
  • License suspension for 12 months

If you are convicted of the highest BAC DUI, you will face the following penalties:

  • 72 hours up to six months in jail
  • Fine from $1,000 up to $5,000
  • Suspension of your license for 12 months
  • Alcohol highway safety school
  • Treatment if ordered

Options for A First-Offense DUI

Pennsylvania offers the Accelerated Rehabilitative Disposition or ARD program for first-time DUI offenders. You have to apply for acceptance to ARD to participate in it. If you are accepted and complete all of the requirements, your DUI charge will be dismissed.

This can help you to avoid having a first DUI conviction on your record. You can then petition the court to have your DUI expunged from your record.

Penalties for Second-Offense DUIs in Pennsylvania

If you are convicted of a second DUI offense in Pennsylvania within 10 years, the penalties will be more severe at each BAC level. A second conviction for a general impairment DUI offense will carry the following penalties:

  • Five days up to six months in jail
  • Fines from $300 to $2,500
  • Suspension of your license for 12 months
  • Treatment may be ordered

If you are convicted of a second DUI with a high BAC, you will face the following penalties:

  • Jail from 30 days up to six months
  • Fines from $750 to $5,000
  • Suspension of your license for 12 months
  • Treatment may be ordered

If you are convicted of a second DUI with the highest BAC, you will face the following penalties:

  • From 90 days up to five years in prison
  • Fines from $1,500 to $10,000
  • Suspension of your license for 18 months

For second offenses at all BAC levels, you will be ordered to have an ignition interlock device installed in your vehicle for 12 months. The court will order you to complete up to 150 hours of community service.

Penalties for Third DUI Offenses

If you are convicted of a third DUI offense within 10 years, the penalties will become even more severe at each BAC level.

A third general impairment DUI offense with a BAC of 0.8% but less than 0.10% is a second-degree misdemeanor that carries the following penalties:

  • At least 10 days in jail
  • Suspension of your driver’s license for 12 months
  • Fine from $500 to $5,000

A third DUI offense within 10 years with a BAC of 0.10% up to 0.1599% will result in the following penalties:

  • First-degree misdemeanor
  • 90 days up to five years in jail
  • Fine from $1,500 to $10,000
  • 18-month driver’s license suspension

If you are convicted of a third offense with a high or highest BAC level, you will face the following penalties:

  • Third-degree felony
  • From one to seven years in prison
  • Suspension of your license for 18 months
  • Fine from $2,500 to $15,000

The penalties for a third conviction at the highest BAC level are similar to those listed for the third conviction of a DUI at a high BAC level. All third convictions will also require you to attend an alcohol highway safety school, complete alcohol treatment, and install an ignition interlock system in your vehicle.

Penalties for Minor DUI Convictions

Pennsylvania has more serious penalties for minors who are convicted of DUI offenses. You can be convicted of a minor DUI if you are under age 21 and have a BAC of 0.02% or higher. For the first conviction of a minor DUI, you will face the following penalties:

  • Jail from 48 hours up to six months
  • Fine from $500 to $5,000
  • 12-month license suspension
  • Drug and alcohol evaluation followed by potential treatment
  • Up to 150 hours of community service

A second conviction of a minor DUI will carry stiffer penalties. The minimum jail sentence will be increased to 30 days up to six months, and the fine will be increased to $750 up to $5,000.

If you are convicted of a third minor DUI, you will face a minimum jail sentence of 90 days up to six months, and your fine will range from $1,500 up to $10,000.

Contact Our DUI Law Firm in West Chester, PA

If you are facing criminal charges and need legal help, contact the West Chester, PA DUI lawyers at DiCindioLaw, LLC to schedule a free initial consultation.

DiCindio Law, LLC
29 S Walnut St
West Chester, PA 19382
(610) 430-3535

***This blog article is made available by the law firm publisher for educational purposes and to provide general information, not to provide specific legal advice. By reading, you understand that there is no attorney client relationship between you and the publisher. The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments. These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. Please contact DiCindio Law, LLC for a consultation and to discuss what law is relevant to your case. ***