Pennsylvania DUI Laws: Penalties, BAC Tiers (2026)

In Pennsylvania the offense is called driving under the influence (DUI), and Title 75, Section 3802 makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08 percent or more. Pennsylvania grades DUI in three tiers by BAC, and a first offense at the lowest tier carries six months of probation and a $300 fine under Section 3804, while higher tiers add jail and a 12-month license suspension.

This guide is part of our DUI Laws by State series.

What counts as a DUI in Pennsylvania

Pennsylvania's DUI statute, Title 75, Section 3802, is unusual because it sets three BAC tiers rather than one flat limit. Subsection (a) covers general impairment, including a BAC of at least 0.08 percent but less than 0.10 percent within two hours of driving. Subsection (b) is the high rate of alcohol, 0.10 percent to less than 0.16 percent, and subsection (c) is the highest rate, 0.16 percent or more. The general-impairment subsection also allows a conviction with no specific number if alcohol or drugs rendered the driver incapable of safe driving. Drivers under 21 fall under a 0.02 percent zero-tolerance rule, commercial drivers face a 0.04 percent limit, and school-vehicle drivers face 0.02 percent. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration describes.

First-offense DUI penalties in Pennsylvania (jail, fines, suspension)

First-offense penalties depend on the tier. Under Section 3804, a first general-impairment DUI is an ungraded misdemeanor carrying a mandatory minimum of six months of probation, a $300 fine, and no license suspension, though the driver must complete alcohol highway safety school and any ordered treatment. A first high-rate DUI carries a mandatory minimum of 48 consecutive hours in jail, a fine of $500 to $5,000, and a 12-month license suspension. A first highest-rate DUI raises the mandatory minimum to 72 consecutive hours in jail, a fine of $1,000 to $5,000, and a 12-month suspension. The tiers exist because Pennsylvania ties the severity of the sentence to the measured BAC, so the same first offense can range from probation to mandatory jail. A refusal is sentenced at the highest-tier level.

Watch out: A first DUI at general impairment carries no license suspension, but a first high-rate or highest-rate DUI carries a 12-month suspension. Refusing the test pushes you into the highest-tier penalties even if your BAC would have been lower.

Ignition interlock requirements in Pennsylvania

Pennsylvania's ignition interlock rules turn on the tier of the offense. Under Section 3805, a first offender who is sentenced under the general-impairment penalties in Section 3804(a)(1) is generally exempt from the interlock requirement. A first offender at the high rate or highest rate of alcohol, or who refused testing, must instead obtain an ignition interlock restricted license and keep the device for one year. The interlock restricted license lets the driver operate a vehicle equipped with the device during a period when the license would otherwise be suspended. For second and subsequent offenses, the interlock requirement applies across the board. The device requires a breath sample before the engine starts and at random points during a trip, and it records each reading.

License suspension and the administrative process in Pennsylvania

Unlike many states, Pennsylvania does not run a separate pre-conviction administrative license suspension for failing a chemical test; the suspension generally flows from the criminal conviction itself, imposed by PennDOT once the court reports the result. A first general-impairment conviction carries no suspension, while a first high-rate or highest-rate conviction carries a 12-month suspension, and a refusal carries its own 12-month suspension under the implied-consent law. After the suspension, eligible drivers at the high and highest tiers restore their privilege through a one-year ignition interlock restricted license rather than waiting out the full suspension. To reinstate, a driver must serve the suspension or interlock period, complete alcohol highway safety school, and pay restoration fees. PennDOT keeps the DUI on the driving record and counts it for future enhancement.

Repeat offenses and the Pennsylvania look-back period

Pennsylvania counts prior DUIs within a 10-year look-back window. Section 3806(b)(1) measures that window backward from the date of the offense being sentenced, using the date the prior was resolved, and subparagraph (ii) also counts a prior offense that occurs on or after that date, so a conviction entered after the new arrest can still enhance the new charge. Penalties escalate by both the number of priors and the tier. Under Section 3803, a third highest-rate, controlled-substance or refusal offense is a felony of the third degree, and a fourth or later offense at that tier is a felony of the second degree under Section 3803(b)(4.1)(ii). At the lower tiers a fourth or later offense is a felony of the third degree under Section 3803(a)(3), which also grades any DUI as a third-degree felony when the driver has a prior conviction under Section 3735. A second highest-rate or refusal offense is a first-degree misdemeanor with a 90-day mandatory minimum and an 18-month suspension, while a second high-rate offense stays an ungraded misdemeanor with a 30-day minimum and a 12-month suspension under Section 3804(e)(2)(i). Separately, homicide by vehicle while DUI under Section 3735 is a felony of the second degree with a mandatory minimum of three years per victim, and a felony of the first degree with a five-year minimum per victim for a driver with one qualifying prior, or a seven-year minimum with two or more.

Act 58 of 2025 also added Section 3802(h), a separate offense of driving under the influence within 10 years after completing ARD or a substantially similar diversion program. A first violation of Section 3802(h)(1) is sentenced at the second-offense minimums in Section 3804(a)(2), (b)(2) or (c)(2) and is graded up throughout Section 3803, so a driver who once took ARD faces repeat-offender exposure on what would otherwise be a first conviction. Section 3735 carries a matching tier: a homicide-by-vehicle-while-DUI conviction paired with a Section 3802(h)(1) conviction is a felony of the first degree with a five-year minimum per victim. Act 36 of 2026 made further amendments to Sections 3803 and 3804.

Watch out: The 10-year look-back runs from the date your prior was resolved to the date of the new offense, not to the date of sentencing. Section 3806(b)(1)(ii) also counts a prior that lands on or after the date of the new offense, so a case resolved while your new charge is pending can still enhance it.

Refusing a breath or blood test in Pennsylvania

Pennsylvania's implied-consent law in Section 1547 provides that by driving in the state you have consented to a breath, blood, or urine test if an officer has reasonable grounds to suspect DUI. A first refusal results in a 12-month license suspension imposed by PennDOT, and a second or subsequent refusal results in an 18-month suspension. The refusal suspension is separate from any suspension tied to a conviction, so it can apply even if the DUI charge is reduced. A driver who refuses is also sentenced under the highest-tier penalties if convicted, which means mandatory jail and the larger fine. Because refusing carries its own suspension and pushes the criminal sentence to the top tier, it rarely helps the driver.

Can you expunge or seal a DUI in Pennsylvania

A Pennsylvania DUI conviction generally cannot be expunged. Once a person is convicted, the record stays unless the conviction is overturned, and Pennsylvania does not offer general sealing for DUI convictions. The main path to a clean record is the Accelerated Rehabilitative Disposition (ARD) program, a diversion option for many first-time offenders. A defendant who is accepted into ARD and completes the conditions can have the charge dismissed, and PennDOT will automatically expunge the ARD record 12 years after the court reports the completion under Section 1534(c), provided the person was not a commercial driver at the time and was not revoked as a habitual offender. That period was 10 years until Act 58 of 2025 extended it. ARD is not a conviction, but an ARD disposition still counts as a prior offense if the person is charged with a new DUI within 10 years, and Section 3802(h) now makes that new DUI a separate offense carrying second-offense penalties.

What to do after a DUI arrest in Pennsylvania

A Pennsylvania DUI moves through the criminal court, and any refusal-based suspension is handled by PennDOT. There is no separate pre-conviction DMV hearing the way there is in many states, but a refusal suspension can be appealed to the court of common pleas within a short window, so the paperwork matters. The criminal case proceeds from preliminary arraignment through resolution, and a first-time offender may ask the district attorney about ARD eligibility early. General information cannot tell you how your case will come out, since the outcome depends on the tier, your record, and the evidence. Before you raise ARD with the district attorney, have a Pennsylvania DUI lawyer check your tier and whether ARD is available in a free consultation (attorney advertising). Keep the citation, the chemical-test results, and any PennDOT notices.

More Pennsylvania Laws

• Pennsylvania Expungement Laws
• Pennsylvania Warrant Search

Frequently Asked Questions

What is the BAC limit in Pennsylvania?

The per se limit is 0.08 percent BAC under Title 75, Section 3802. Pennsylvania then grades the offense in three tiers: general impairment (0.08 to 0.099 percent), high rate (0.10 to 0.159 percent), and highest rate (0.16 percent or more). Drivers under 21 face a 0.02 percent limit and commercial drivers 0.04 percent.

How long do you lose your license for a first DUI in Pennsylvania?

A first general-impairment DUI carries no license suspension. A first high-rate or highest-rate DUI carries a 12-month suspension under Section 3804, and a first refusal carries a separate 12-month suspension under the implied-consent law.

Is a first DUI a felony in Pennsylvania?

No. A first DUI is a misdemeanor. Under Section 3803, DUI becomes a felony of the third degree on a third highest-rate, controlled-substance or refusal offense, and a fourth or later offense at that tier is a felony of the second degree under Section 3803(b)(4.1)(ii). A fourth or later offense at the lower tiers is a felony of the third degree, as is any DUI by a driver with a prior Section 3735 conviction. Homicide by vehicle while DUI is a felony of the second degree, or of the first degree for a driver with a qualifying prior.

Do you need an interlock for a first DUI in Pennsylvania?

Not for a first general-impairment DUI. A first high-rate or highest-rate DUI, or a refusal, requires a one-year ignition interlock restricted license under Section 3805. Second and later offenses require the interlock across all tiers.

What happens if you refuse a breathalyzer in Pennsylvania?

Under the implied-consent law in Section 1547, a first refusal triggers a 12-month license suspension and a second refusal an 18-month suspension. A driver who refuses is also sentenced under the highest-tier penalties if convicted, which means mandatory jail.

How long does a DUI stay on your record in Pennsylvania?

A DUI conviction stays on the criminal record permanently because Pennsylvania does not expunge or seal DUI convictions. For enhancement, the 10-year look-back counts prior convictions and ARD dispositions resolved in the 10 years before the new offense.

Can you get a DUI expunged in Pennsylvania?

A DUI conviction cannot be expunged. The main path to a clean record is the ARD diversion program for first-time offenders; completing ARD leads to a dismissal, and PennDOT automatically expunges the ARD record 12 years after the completion is reported, under Section 1534(c) as amended by Act 58 of 2025, for eligible drivers.

What is the look-back period for DUI in Pennsylvania?

Pennsylvania uses a 10-year look-back period. Section 3806(b)(1)(i) measures it backward from the date of the offense being sentenced, using the date the prior was resolved, and subparagraph (ii) also counts a prior that occurs on or after that date. Prior convictions and ARD dispositions in that window count toward enhanced penalties.