DUI Penalties

Pennsylvania DUI Penalties

In Pennsylvania the penalty for your DUI conviction will be based primarily on two factors: your blood alcohol concentration (BAC) and your prior number of DUI convictions in the past 10 years. Typically, the higher the BAC and the more prior DUI convictions you have, the more severe the penalty will be.

As you will see below, most DUI offenses carry mandatory jail time. This is the mandatory minimum sentence. On a routine DUI case the judge may sentence you in accordance with the mandatory minimum sentence. Please keep in mind that the judge always has the discretion to sentence you to more jail time. The maximum penalties the judge may impose are as follows:

Maximum DUI Penalties

Ungraded Misdemeanor:   Max jail time = 6 months   Max fine = $5,000
Misdemeanor Second Degree (M2):   Max jail time = 2 yrs   Max fine = $5,000
Misdemeanor First Degree (M1):   Max jail time = 5 yrs   Max fine = $10,000


DUI Penalties

FIRST OFFENSE DUI (within the past 10 years)

BAC between .08% and .099% or incapable of safe driving. This offense is graded as an ungraded misdemeanor. There is no mandatory minimum jail sentence and a maximum probationary period of 6 months. There is a $300 fine. This offense carries no license suspension. You must attend Alcohol Highway Safety School, have a CRN evaluation and comply with any recommended drug and alcohol treatment.

BAC between .10 and .159. This offense is graded as an ungraded misdemeanor. There is a mandatory sentence of 48 consecutive hours of incarceration and maximum probationary period of 6 months. The fines range from $500 to $5000. There is a mandatory 12 month license suspension. You must attend Alcohol Highway Safety School, have a CRN evaluation and comply with any recommended drug and alcohol treatment.

BAC .16% and higher/Controlled Substances/Refusals. This offense is graded as an ungraded misdemeanor. There is a mandatory sentence of 72 consecutive hours of incarceration and maximum probationary period of 6 months. The fines range from $1000 to $5000. There is a mandatory 12 month license suspension. You must attend Alcohol Highway Safety School, have a CRN evaluation, mandatory drug and alcohol assessment and comply with any recommended drug and alcohol treatment.

SECOND OFFENSE DUI (within the past 10 years)

BAC between .08% and .099% or incapable of safe driving. This offense is graded as an ungraded misdemeanor. There is a mandatory sentence of 5 days incarceration and maximum probationary period of 6 months. The fines range from $300 to $5000. There is a mandatory 12 month license suspension followed by 1 year Ignition Interlock. You must attend Alcohol Highway Safety School, have a CRN evaluation, mandatory drug and alcohol assessment and comply with any recommended drug and alcohol treatment.

BAC between .10 and .159. This offense is graded as an ungraded misdemeanor. There is a mandatory sentence of 30 days of incarceration and maximum probationary period of 6 months. The fines range from $750 to $5000. There is a mandatory 12 month license suspension followed by 1 year Ignition Interlock. You must attend Alcohol Highway Safety School, have a CRN evaluation, mandatory drug and alcohol assessment and comply with any recommended drug and alcohol treatment.

BAC .16% and higher/Controlled Substances/Refusals. This offense is graded as a misdemeanor of the first degree. There is a mandatory sentence of 90 days incarceration and maximum probationary period of 5 years. There is a minimum fine of $1500. There is a mandatory 18 month license suspension followed by 1 year Ignition Interlock. You must attend Alcohol Highway Safety School, have a CRN evaluation, mandatory drug and alcohol assessment and comply with any recommended drug and alcohol treatment.

THIRD OFFENSE DUI (within the past 10 years)

BAC between .08% and .099% or incapable of safe driving. This offense is graded as a misdemeanor of the second degree. There is a mandatory sentence of 10 days incarceration and a maximum probationary period of 2 years. The fines range from $500 to $5000. There is a mandatory 12 month license suspension followed by 1 year Ignition Interlock. You must attend Alcohol Highway Safety School, have a CRN evaluation, mandatory drug and alcohol assessment and comply with any recommended drug and alcohol treatment.

BAC between .10 and .159. This offense is graded as a misdemeanor of the first degree. There is a mandatory sentence of 90 days incarceration and maximum probationary period of 5 years. The fines range from $1500 to $10000. There is a mandatory 18 month license suspension followed by 1 year Ignition Interlock. You must attend Alcohol Highway Safety School, have a CRN evaluation mandatory drug and alcohol assessment and comply with any recommended drug and alcohol treatment.

BAC .16% and above/Controlled Substances/Refusals. This offense is graded as a misdemeanor of the first degree. There is a mandatory sentence of 1 year incarceration and maximum probationary period of 5 years. The fines range from $1000 to $5000. There is a mandatory 18 month license suspension followed by 1 year Ignition Interlock. You must attend Alcohol Highway Safety School, have a CRN evaluation mandatory, drug and alcohol assessment and comply with any recommended drug and alcohol treatment.

FOURTH OFFENSE DUI (within the past 10 years)

BAC between .08% and .099% or incapable of safe driving. Same as third offense.

BAC between .10 and .159. This offense is graded as a misdemeanor of the first degree. There is a mandatory sentence of 1 year incarceration and maximum probationary period of 5 years. The fines range from $1500 to $10,000. There is a mandatory 18 month license suspension followed by 1 year Ignition Interlock. You must attend Alcohol Highway Safety School, have a CRN evaluation, mandatory drug and alcohol assessment and comply with any recommended drug and alcohol treatment.

BAC .16% and above/Controlled Substances/Refusals. Same as Third Offense.


For sentencing purposes, the following offenses shall be treated as a Tier 2 DUI (BAC between .10 to .159):

  • Minors BAC 0.02% or higher.
  • Commercial or School Vehicles
  • DUI Incapable of Safe Driving w/Crash or Injuries

Alcohol Highway Safety School (AHSS) – this is a program mandated by the Pennsylvania Department of Transportation (PennDOT). AHSS is a series of classes designed to educate you on drinking and driving and deter this conduct in the future. The class is 12.5 hours.

CRN Evaluation – CRN stands for Court Reporting Network. This is a drug and alcohol evaluation that is reported electronically to PennDOT. It is performed to determine if you need drug and/or alcohol treatment. This evaluation will be completed prior to sentencing. This evaluation is administered by a certified CRN evaluator. The fee is currently $50.00. You will fill out a questionnaire developed by PennDOT (Form DL–310). It is a nine page form that includes 93 questions which include background questions and questions regarding your alcohol or drug abuse. The CRN evaluator will review this form with you, ask additional questions and submit the form to PennDOT. PennDOT will give you a numerical score based on your responses to the questions. Based on your total score PennDOT may recommend drug and/or alcohol treatment. If treatment is required it will become part of your sentence.

Ignition Interlock – a system installed on your vehicle that prevents the vehicle from being started unless the operator provides a breath sample with an alcohol concentration less than .025%.