What are The Possible Penalties For DUI Conviction in Pennsylvania?

Pennsylvania has some of the harshest penalties for DUI charges in the United States. 

If you plead guilty to a DUI charge, you cannot get it removed from your record, which means you then have a criminal record. Beyond that, there are heavy costs and fines assessed on you from the court, along with requirements of probation and parole to get evaluations and treatment completed. 

Drug or alcohol treatment is rarely viewed by judges as a substitute for jail. And Pennsylvania has mandatory minimum jail sentences for most DUI cases. 

Finally, there is the suspension of your driver’s license. Virtually all DUI cases carry a license suspension. For some people, this is the worst of the penalties. There are extra penalties applied if you are a minor. Don’t forget to read about the DUI penalties in PA.

How Penalties are Set for DUI in Pennsylvania?

Penalties are set based on your BAC (Blood Alcohol Content) level as well as whether it’s your first DUI offense, 2^nd, 3^rd, etc. The DUI statute is broken up into Tiers I/II/III, based upon your blood alcohol level.

If the DUI is not based upon alcohol, but on a drug (street drug or prescription medication) in your blood, the DUI will automatically be charged in the highest tier. If you refuse to provide blood, it will be charged in the highest tier. 

If the police—for any number of reasons—were not able to obtain your blood in a timely fashion (i.e. bad car accident, you ran away, etc), then the District Attorney will have to decide how the charge the DUI if they are filing the charge. 

The fines also increase, depending on what tier of the DUI law you fall into. The ARD program is a huge benefit to those with 1^st DUI cases. The trick is whether you will be admitted into ARD. It is always at the discretion of the District Attorney to decide whether you can be admitted.

Below is a breakdown of the DUI statute by tier.

DUI CONVICTION WITH THE LOWEST LEVEL OF BAC (.08% TO .099%)—lowest tier

First Time DUI Conviction in Pennsylvania:

• Misdemeanor conviction
• $300 fine
• No loss of license
• No mandatory minimum in jail, up to 6 months of probation
• Alcohol Safe driving school
• Treatment if ordered
• CRN evaluation

Second Time DUI Conviction in Pennsylvania:

• Misdemeanor conviction
• Fine of $300 to $2500
• 1-year loss of license
• Alcohol safe driving school
• imprisonment of five days minimum but no more than six months
• Mandatory one-year Ignition Interlock
• Mandatory full D&A assessment and compliance with D&A treatment as a condition of sentencing.
• CRN evaluation

Third DUI Conviction in PA:

• Misdemeanor conviction
• Fine of $500 to $5,000
• 1-year loss of license
• Imprisonment of 10 days minimum up to 2 years
• Mandatory one-year ignition interlock
• Alcohol safe driving school
• Mandatory comprehensive D&A assessment and compliance with the D&A treatment requirement as a condition of sentencing.
• CRN evaluation

DUI CONVICTION WITH Mid Level OF BAC (.10% to .159%)—middle tier

  First DUI Conviction in PA:

• Misdemeanor conviction
• Fine of $500 to $5000
• 1-year loss of license
• Imprisonment of 48 hours up to 6 months
• Mandatory drug and alcohol assessment
• Alcohol safe driving school
• Treatment if ordered
• CRN evaluation

 Second DUI Conviction in PA:

• Misdemeanor conviction
• Fine of $750 to $5000
• 1-year loss of license
• Imprisonment of 30 days to 6 months
• Alcohol safe driving school
• Mandatory one-year Ignition Interlock
• Mandatory full D&A assessment and compliance with D&A treatment as a condition of sentencing.
• CRN evaluation

Third DUI Conviction in PA:

• Misdemeanor conviction
• Fine of $1500 to $10,000
• 18 months loss of license
• Imprisonment of 90 days to 5 years
• Mandatory one-year ignition interlock
• Alcohol safe driving school
• Mandatory comprehensive D&A assessment and compliance with the D&A treatment requirement as a condition of sentencing.
• CRN evaluation

DUI CONVICTION WITH Mid Level OF BAC (.10% to .159%)—the highest tier

    First Time DUI Conviction in PA:

• Convicted of a misdemeanor;
• Fine of $1000 to $5000
• 1-year loss of license
• Imprisonment of 72 hours up to 6 months
• Attend Alcohol Highway Safety School;
• Mandatory Treatment;
• Mandatory full D&A assessment and compliance with D&A treatment as a condition of sentencing
• CRN evaluation

 Second DUI Conviction in PA:

• Convicted of a Misdemeanor I;
• $1500 fine
• 18-month loss of license
• Imprisonment of 90 days to 5 years
• Attend Alcohol Highway Safety School;
• Mandatory one-year Ignition Interlock;
• Mandatory full D&A assessment and compliance with D&A treatment as a condition of sentencing.
• CRN evaluation

  Third DUI Conviction in PA:

• A Felony Conviction;
• One to Seven Years in Prison;
• Fine of $2500 to $10,000
• 18-month loss of license
• Imprisonment of 1 to 5 years
• Mandatory one-year Ignition Interlock;
• Mandatory full D&A assessment and compliance with D&A treatment as a condition of sentencing.
• CRN evaluation

(Note: All the data has been quoted and collected from the Pennsylvania DUI statute, Title 75 Vehicle Code)