Pennsylvania DUI Penalties Chart | Nicholas A. Frisk III

Last updated October 4, 2026.

Pennsylvania DUI sentences are mostly mandatory minimums written into the statute, so the numbers below are the floor a judge must impose, not a guess at what a judge might do. The tables are organized by offense count, because that is the first question in every case: is this a first, second, third or later offense? For how these cases are defended, see the main DUI defense page.

How does a DUI get from arrest to sentence in Lawrence County?

The chart applies only at the end of a case. Before that, a Lawrence County DUI moves through these steps:

Release and the complaint. Rule 519(B) has the officer release a person arrested for DUI without a warrant when the top charge is no higher than a first-degree misdemeanor and the person poses no immediate danger; the complaint is then filed within 5 days and a summons follows. For Ellwood City and nearby townships, the case starts at the office described in what to expect at the Ellwood City district court.
The preliminary hearing. Every preliminary hearing in the county is held at Central Court, 202 Milton Street, New Castle, on Tuesdays, Wednesdays and Thursdays at 9:30 a.m., as explained in what happens at a preliminary hearing in Lawrence County.
ARD or the charges. On a first DUI, the District Attorney decides whether to offer ARD instead of a conviction, unless the statute rules it out (75 Pa.C.S. 3807(a)(2)). The local steps and costs are on the page about how to get ARD in Lawrence County.
The Court of Common Pleas. A case held for court moves to the Courthouse at 430 Court Street, New Castle. The Public Defender describes an arraignment, a "Call of Trial" about a month later, and then a plea or trial at the Lawrence County Courthouse.
Evaluation before sentencing. Everyone convicted is evaluated with Court Reporting Network instruments (3816(a)), and a full drug and alcohol assessment follows after a DUI sentence in the past 10 years, a finding of need, or a result of 0.16% or higher (3814(2)). Both are explained on the page about the CRN evaluation and alcohol highway safety school.
Sentencing. The judge imposes at least the minimum in the tables below. On a first, second or third offense, probation requires the assessment and restrictive DUI conditions such as house arrest with electronic surveillance or work release (42 Pa.C.S. 9763(c)). Lawrence County's Adult Probation lists a $50 monthly supervision fee, $10 a day for the equipment and a one-time $50 hookup fee.
PennDOT. The suspension in the last column begins once PennDOT receives the certified record of the conviction (3804(e)(1)).

Which tier applies to me?

The tier comes from 75 Pa.C.S. 3802, with one twist: some situations are punished at a higher tier than the blood alcohol number alone would suggest (3804(b), (c)).

General impairment: a blood or breath alcohol level of at least 0.08% but under 0.10% within two hours of driving, or drinking enough to be "incapable of safely driving" (3802(a)).
High rate: at least 0.10% but under 0.16% (3802(b)). The same penalties apply to an "incapable of safely driving" DUI that involved a crash causing injury or damage, to drivers under 21 at 0.02% or higher, and to commercial and school vehicle drivers (3804(b)).
Highest rate: 0.16% or higher (3802(c)), any DUI based on drugs (3802(d)), and an "incapable of safely driving" DUI where the driver refused a breath test, or a blood test under a valid warrant (3804(c)).

Tiers depend on the test result, not the vehicle. When a 3802 charge is brought for riding on a highway or trafficway, the same chart applies, as explained in DUI on an ATV, snowmobile or bicycle.

What are the penalties for a first offense?

First offense: no prior offense within 10 years (75 Pa.C.S. 3803, 3804)
Tier	Mandatory minimum	Fine	Grade and maximum	License suspension
General impairment	6 months' probation	$300	Misdemeanor, up to 6 months	None
High rate	48 consecutive hours in jail	$500 to $5,000	Ungraded misdemeanor, up to 6 months	12 months
Highest rate, drugs or refusal	72 consecutive hours in jail	$1,000 to $5,000	Misdemeanor, up to 6 months	12 months

Every first offense also requires an approved alcohol highway safety school and any drug and alcohol treatment ordered after the assessments in sections 3814 and 3815. The no-suspension rule for a first general impairment offense is written into 3804(e)(2)(iii). Many first-time drivers are offered ARD instead of a conviction, which carries its own shorter suspension, explained on the page about how long ARD suspends your license.

What are the penalties for a second offense?

Second offense: one prior offense within 10 years
Tier	Mandatory minimum	Fine	Grade and maximum	License suspension
General impairment	5 days in jail	$300 to $2,500	Misdemeanor, up to 6 months	12 months
High rate	30 days in jail	$750 to $5,000	Misdemeanor, up to 6 months	12 months
Highest rate, drugs or refusal	90 days in jail	At least $1,500	First-degree misdemeanor, up to 5 years	18 months

A second offense still requires alcohol highway safety school and treatment as ordered. The same minimum jail terms and fines also apply to a first conviction for "DUI following diversion," the offense Act 58 of 2025 created for a DUI within 10 years after completing ARD (table below). What else changes on a second offense, from ARD to the ignition interlock, is in what happens on a second DUI in Pennsylvania.

What are the penalties for a third or later offense?

Third offense: two prior offenses within 10 years
Tier	Mandatory minimum	Fine	Grade and maximum	License suspension
General impairment	10 days in jail	$500 to $5,000	Second-degree misdemeanor, up to 2 years	12 months
High rate	90 days in jail	$1,500 to $10,000	First-degree misdemeanor, up to 5 years	18 months
Highest rate, drugs or refusal	1 year in jail	At least $2,500	Third-degree felony, up to 7 years	18 months

Fourth or later offense: three or more prior offenses within 10 years
Tier	Mandatory minimum	Fine	Grade and maximum	License suspension
General impairment	10 days in jail	$500 to $5,000	Third-degree felony, up to 7 years	18 months
High rate	1 year in jail	$1,500 to $10,000	Third-degree felony, up to 7 years	18 months
Highest rate, drugs or refusal	1 year in jail	At least $2,500	Second-degree felony, up to 10 years	18 months

From the third offense on, the statute no longer lists alcohol highway safety school, but treatment requirements still apply. A sentence for someone with two or more prior offenses must be served consecutively to any other sentence, except where offenses merge as a matter of law (3804(c.2)). The maximum terms in the "grade" column come from 18 Pa.C.S. 1103 and 1104; the suspension lengths come from 3804(e)(2), which sets 12 months for an ungraded or second-degree misdemeanor and 18 months for a first-degree misdemeanor or a felony.

What if the earlier case was ARD (DUI following diversion)?

Since Act 58 of 2025, a completed ARD is not a prior offense. Instead, a DUI committed within 10 years after completing ARD is charged as "DUI following diversion" under 3802(h)(1). A first conviction is sentenced at the second-offense level for its tier but graded under its own rule (3803(c)). After that conviction, the next DUI is sentenced like a third offense, graded higher and served consecutively (3804(c.2)).

DUI following diversion, and the next DUI after that conviction (75 Pa.C.S. 3803, 3804)
Situation and tier	Mandatory minimum	Fine	Grade and maximum	License suspension
First DUI following diversion: general impairment	5 days in jail	$300 to $2,500	Misdemeanor, up to 6 months	See note below
First DUI following diversion: high rate	30 days in jail	$750 to $5,000	Misdemeanor, up to 6 months	12 months
First DUI following diversion: highest rate, drugs or refusal	90 days in jail	At least $1,500	First-degree misdemeanor, up to 5 years	18 months
Next DUI after a diversion conviction: general impairment	10 days in jail	$500 to $5,000	Second-degree misdemeanor, up to 2 years	12 months
Next DUI after a diversion conviction: high rate	90 days in jail	$1,500 to $10,000	First-degree misdemeanor, up to 5 years	18 months
Next DUI after a diversion conviction: highest rate, drugs or refusal	1 year in jail	At least $2,500	Third-degree felony, up to 7 years	18 months

The "next DUI" rows assume the diversion conviction is the only prior offense (3803(a)(2), (b)(3), (b)(4.1)(i.1); 3804(a)(3), (b)(3), (c)(3)). With two prior offenses, one of them a diversion conviction, a general impairment or high rate DUI becomes a third-degree felony (3803(a)(4)), the high rate minimum rises to one year (3804(b)(4)), and a highest rate DUI becomes a second-degree felony (3803(b)(4.1)(iii)).

On the license: suspension follows the grade (3804(e)(2)). The no-suspension rule for a first general impairment DUI is written for a 3802(a) violation by someone with no prior offense (3804(e)(2)(iii)); the statute does not say whether it covers a first 3802(h)(1) conviction at that tier.

Who falls under this offense, and how the old ARD is proven, is explained on the page about DUI following diversion under Act 58.

How are prior offenses counted?

A prior offense must have occurred within 10 years before the date of the offense being sentenced, and the court counts priors at sentencing (3806(b)). Two offenses sentenced on the same day count as priors to each other. Out-of-state DUI convictions that are substantially similar count too (3806(a)(3)). Act 58 of 2025 took "acceptance of Accelerated Rehabilitative Disposition" out of the definition of a prior offense, but an earlier 3802(h)(1) conviction counts even when the ARD behind it is more than 10 years old (3806(b)(4)).

What else can a DUI sentence include?

Community service: up to 150 hours on top of the other penalties (3804(f)).
Victim impact panel: the court may order attendance (3804(f.1)).
A child in the car: a DUI with a passenger under 18 is graded higher and, on a first offense, adds a fine of at least $1,000 and 100 hours of community service (3803(b)(5), 3804(c.1)).
Ignition interlock: PennDOT says the requirement is mandatory for first-time offenders with high blood alcohol levels, repeat offenders and drivers who refuse testing. Act 36 of 2026 replaces today's ignition interlock limited license with a new ignition interlock driver's license, taking effect in November 2027, 16 months after the act was signed on July 20, 2026.
A refusal suspension: refusing chemical testing after arrest adds a separate 12 or 18 month PennDOT suspension (1547(b)), whatever happens in court. The difference between that test and the handheld roadside test is explained in roadside breath test versus the chemical test.

More on keeping or getting back your license is in what happens to your license after a DUI.

What changes the answer: why the chart is only the starting point

The tables show what the statute requires after a conviction at a given tier, not what the evidence supports. Whether the stop was lawful, whether the test was done correctly and within two hours, and which tier can be proven decide the row; the order in which those questions come up is set out in what happens after a DUI arrest in Lawrence County. These facts move a case between rows:

The offense dates. The 10 years run from the earlier offense date to the new offense date, not from the conviction (3806(b)(1)(i)). An offense committed later but sentenced first can also count (3806(b)(1)(ii)).
A crash. An "incapable of safely driving" DUI with a crash causing injury or property damage is sentenced at the high rate tier (3804(b)).
A passenger under 18. On a second offense or a first diversion offense, the court adds a fine of at least $2,500 and one to six months of imprisonment (3804(c.1)(2)); with two priors or one diversion conviction, the grade becomes a third-degree felony (3803(b)(5)(ii)).
What the earlier case was. A conviction counts as a prior offense; a completed ARD does not, but it can make the new case a DUI following diversion (3802(h)(1), 3806(a)).
Where the earlier case happened. An out-of-state conviction counts only if the offense is substantially similar to a Pennsylvania DUI (3806(a)(3)), a common question for drivers covered in an Ohio driver's DUI in Lawrence County.

A worked example

For example, take a hypothetical driver (not a real case) who completed ARD for a DUI in November 2016, was sentenced in 2026 for a DUI following diversion committed that January, and is stopped in Ellwood City in 2027 with a breath result of 0.11%.

A 0.11% result is the high rate tier (3802(b)). The 2027 offense is more than 10 years after the ARD was completed, so it is not itself a DUI following diversion. The 2026 conviction is a prior offense, and 3806(b)(4) keeps counting it even though the ARD behind it is now more than 10 years old.

That makes the new case a second offense following a 3802(h)(1) conviction: at least 90 days of imprisonment, a fine of $1,500 to $10,000 and treatment as assessed (3804(b)(3)). The grade is a first-degree misdemeanor with a 5-year maximum (3803(b)(3)), the sentence runs consecutively (3804(c.2)), ARD is unavailable (3807(a)(2)(i)), and the suspension is 18 months (3804(e)(2)(ii)). Had the 2026 conviction been an ordinary DUI, the same result would carry 30 days, a 6-month maximum and a 12-month suspension.

Common mistakes when reading a DUI penalties chart

Counting from the wrong date. The lookback runs between offense dates, not conviction dates, and the count is taken at sentencing (3806(b)).
Treating an old ARD as harmless, or as a prior. Within 10 years after completion it is neither: it is not a prior offense, but it makes a new DUI a separate offense with its own grading.
Using an outdated chart. PennDOT's DUI legislation page describes the 2003 law, and some official summaries still describe ARD as a prior offense. The current statute controls.
Driving during the suspension. That is a separate offense with mandatory jail, covered in driving during a DUI suspension.

What to do this week

Write down the offense date and outcome of every earlier DUI or ARD: conviction, completed ARD, unfinished ARD or dismissal.
Keep the breath or blood result, or the refusal form, and note any crash or passenger under 18; these decide the row.
Look up the case on the UJS Portal and note the preliminary hearing date at Central Court.
Open every PennDOT letter the day it arrives and write down its mailing date.
Do not drive if your license is suspended, and plan rides to New Castle.
If this is a first DUI, ask early whether ARD is possible, before the preliminary hearing.

Frequently asked questions

Is a DUI a felony in Pennsylvania?

Most are misdemeanors. A DUI becomes a felony with three or more prior offenses, with two priors that include a diversion conviction, at the highest tier with two priors or one diversion conviction, and with a child passenger after two priors or one diversion conviction (3803(a)(3), (a)(4), (b)(4.1), (b)(5)(ii)).

Will I go to jail for a first DUI?

Not at the general impairment tier, which carries six months' probation. At the high rate tier the minimum is 48 consecutive hours, and at the highest tier 72 consecutive hours (3804(b)(1), (c)(1)). Whether it can be served on house arrest is for the judge (42 Pa.C.S. 9763(c)).

Can the judge give less than the minimum?

No. Sentencing guidelines do not override the mandatory penalties (3804(g)), and the Commonwealth may appeal a sentence below them (3804(h)). What can change the outcome comes earlier: ARD, a plea to a lower tier, or a challenge to the evidence.

Does refusing the test make the penalties worse?

Usually, yes. Refusing a breath test, or a blood test under a valid warrant, moves an "incapable of safely driving" DUI into the highest tier and brings its own 12 or 18 month suspension (3804(c); 1547(b)). Whether police needed a warrant for a blood test is explained in whether police need a warrant to draw blood.

Can a DUI conviction be removed from my record?

A conviction is generally not expunged the way a completed ARD is; expungement of convictions is limited to narrow cases (18 Pa.C.S. 9122(b)). Other options, such as limited access, are explained in clearing a criminal record in Pennsylvania.

If you are facing a DUI anywhere in Ellwood City, Lawrence County or Western Pennsylvania, I can tell you which row of this chart your case falls in and what can be done about it. You work directly with me, and the first consultation is always free and confidential.

What are the penalties for a DUI in Pennsylvania? (Chart by BAC and offense)