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Pennsylvania First Offense DUI Penalties

What are the Penalties for a First Offense DUI in Pennsylvania?

Jail Time: Minimum 48-72 hours in county jail, at least 48 hours of which must be continuous; maximum six months in county jail.
Fine: $300-1,500

Treatment: It may be imposed by the judge that a first time drunk driving offender must attend Alcohol Safety School, and receive alcohol treatment.

Drivers License Suspension: Minimums of no suspension, maximum suspension of one year.  Additionally, the court will require the person to surrender their driver’s license to the court for the duration of the suspension.

Restricted License: First time drunk driving offenders may be eligible for what’s called a “bread and butter” license, after they have served a 60-day suspension.  A bread and butter license only allows drivers to travel to work, school, and medical appointments.

Refusal of a Blood Alcohol Test: If an individual deliberately refused a peace officer’s request to submit to a chemical test for BAC, their punishment will be enhanced by:

  1. Minimum 72 continuous hours in county jail.
  2. One additional year of license suspension.

Commercial Vehicle Involved: A driver of a commercial motor vehicle may not operate a commercial motor vehicle for one year.

Defendant 13-18 Years Old: If the offense was committed while the individual was 13-18 years old, the court will suspend the individual’s driving privileges for one year.

Defendant Under 18 Years Old: The length of the license revocation will be either:

  • Until the person reaches 18 years of age.
  • One year.
  • For the period prescribed for restriction, suspension, or revocation.

Minor Passenger in Car: If an individual is convicted of a first time drunk driving offense, and a minor under 14 years of age was a passenger in the vehicle at the time of the offense, there is a minimum sentencing of 48-72 continuous hours in county jail.

DUI Penalties in Pennsylvania With No DUI Offenses in Last 10 Years

BAC 0.08%-0.099%

  • Ungraded Misdemeanor
  • Imprisonment: None (Six-month maximum probation)
  • Fine: $300
  • License Suspension:  None
  • Required CRN, AHSS (Alcohol Highway Safety School), and possible D&A

BAC 0.10%-0.159%

  • Ungraded Misdemeanor
  • Imprisonment: (Mandatory) 48 hours to xix months
  • Fine: $500-$5,000
  • License Suspension: 12 months, but possible OLL (Occupational Limited License) after two months of license suspension
  • Required CRN, AHSS and possible D&A

BAC 0.16% or Higher, Refusal to Give Blood or Breath Sample, Drugs in System

  • Ungraded Misdemeanor
  • Imprisonment:  (Mandatory) 72 hours-six months
  • Fine:  $1,000-$5,000
  • License Suspension:  12 months, but possible OLL (Occupational Limited License) after two months of license suspension.
  • Required CRN, AHSS and mandatory full D&A

Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) Program

ARD is available to first time offenders only.
Charges:  Dismissed one year after classes, fines, and/or community service have been successfully completed.
License Suspension – No Suspension – 60-day Suspension depending on BAC. Eligibility for ARD is the sole discretion of District Attorney.

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ARD IN PENNSYLVANIA

If this is your first DUI offense, you may be eligible for ARD.

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