Please refer to the following chart for general guidance of applicable penalties for a DUI case.  Contact us to see how the individul circumstances of your case will influence where you may fall on this chart if convicted.  Remember that this chart deals with convictions and not with admission into an ARD Program.  ARD Programs are addressed on a separate page on this site.

"Potential Punishments for DUI Offenders in Pennsylvania"

Type of Offense	-BAC .08 to .099 -No BAC, No refusal, but rendered incapable of safe driving by alcohol. 3802(a)(1)	-BAC .10 to .159 -No BAC, No refusal, but rendered incapable of safe driving and certain accidents -Minor with .02 and up   -Certain Commercial Drivers under section 3802(f)	-BAC .16 and up -Refusal -Controlled Substance
First Offense	-mandatory 6 mos. probation -$300 fine -alcohol highway safety classes -alcohol treatment	-mandatory 48 hours imprisonment -$500 to $5000 fine -alcohol highway safety classes -alcohol treatment -12 month license suspension	-mandatory 72 hours imprisonment -$1000 to $5000 fine -alcohol highway safety classes -alcohol treatment -12 month license suspension
Second Offense	-mandatory 5 days imprisonment -$300 to $2500 fine -alcohol highway safety classes -alcohol treatment -12 month license suspension	-mandatory 30 days imprisonment -$750 to $5000 fine -alcohol highway safety classes -alcohol treatment -12 month license suspension	-mandatory 90 days imprisonment -$1500 to $10,000 fine -alcohol highway safety classes -alcohol treatment -18 months license suspension
Third Offense	-mandatory 10 days imprisonment -$500 to $5000 fine -alcohol treatment -12 month license suspension	-mandatory 90 days imprisonment -$1500 to $10,000 fine -alcohol treatment -18  license suspension	-mandatory 1 year imprisonment -$2500 to $10,000 fine -alcohol treatment -18 months license suspension
Fourth +	-mandatory 10 days imprisonment -$500 to $5000 fine -alcohol treatment -12 month license suspension	-mandatory 1 year imprisonment -$1500 to $10,000 fine -alcohol treatment -18  license suspension	-mandatory 1 year imprisonment -$2500 to $10,000 fine -alcohol treatment -18 months license suspension

-Collateral Effects

Finally, there are collateral effects of a conviction that need to be considered as well. For serious accident cases, the role of restitution becomes more important. These cases should be treated with more care for other reasons as well, since they may result in different crimes being charged which can result in harsher penalties than an ordinary DUI.

Other people may rely on a CDL to make a living or plan to apply for a CDL in the future. How the DUI will effect your CDL or a future CDL needs to be evaluated on an individual basis as well.  Even an ARD may result in a one year or a lifetime disqualification of a CDL endorsement.

 Ignition Interlocks must also be installed in certain cases. These restitution and licensing questions are a few of the issues that may arise in any given DUI case.

-Presence or Absence of Criminal History and other Sentencing Factors

While mandatory sentences are required in many DUI cases, Pennsylvania's Sentencing Guidelines also apply to DUI offenses. If you have a criminal record, you may be sentenced to more time than the mandatories provide for that are listed above. Additionally, if there are "aggravating circumstances" in your case, such as a positive drug test at a pre-sentence interview, you may be sentenced more than the mandatory sentence.