In Pennsylvania, DUI penalties are based on your blood alcohol content (BAC) at the time you were driving and the number of times you have been convicted of DUI in the last ten years. The specific facts of your case will determine the appropriate penalty. However, the following minimum sentences are set forth in Section 3804 of the Motor Vehicle Code.
If your BAC is 0.08% or 0.09%, or if no BAC is available: 1st offense: 6 months probation, $300 fine, no drivers license suspension.
2nd offense: imprisonment for not less than 5 days nor more than 6 months, a fine of not less than $300 nor more than $2,500, drivers license suspension of 12 months, Ignition Interlock for 1 year.
3rd or subsequent offense: imprisonment of not less than 10 days nor more than 2 years, a fine of not less than $500 nor more than $5,000, drivers license suspension of 12 months, Ignition Interlock for 1 year.
If your BAC is between 0.10% and 0.159%, or if you are under 21, or if someone was injured as a result of your driving: 1st offense: imprisonment of not less than 2 days nor more than 6 months, a fine of not less than $500 nor more than $5,000, drivers license suspension of 12 months.
2nd offense: imprisonment of not less than 30 days nor more than 6 months, a fine of not less than $750 nor more than $5,000, drivers license suspension of 18 months, Ignition Interlock for 1 year.
3rd offense: imprisonment of not less than 90 days nor more than 5 years, a fine of not less than $1,500 nor more than $10,000, drivers license suspension of 18 months, Ignition Interlock for 1 year.
4th offense: imprisonment of not less than 1 year nor more than 5 years, a fine of not less than $1,500 nor more than $10,000, drivers license suspension of 18 months, Ignition Interlock for 1 year.
If your BAC is greater than 0.160%, or if a controlled substance is detected in your blood: 1st offense: imprisonment of not less than 3 days nor more than 6 months, a fine of not less than $1,000 nor more than $5,000, drivers license suspension of 12 months.
2nd offense: imprisonment of not less than 90 days nor more than 5 years, a fine of not less than $1,500 nor more than $10,000, drivers license suspension of 18 months, Ignition Interlock for 1 year.
3rd or subsequent offense: imprisonment of not less than 1 year nor more than 5 years, a fine of not less than $2,500 nor more than $10,000, drivers license suspension of 18 months, Ignition Interlock for 1 year.
Ignition Interlock: An ignition interlock system uses a breath sample to detect whether the driver has consumed alcohol. If so, the vehicle cannot be started. The ignition interlock is installed after the license suspension has been served.
ARD (Accelerated Rehabilitative Disposition): The ARD Program is an alternative to the minimum sentences set forth in Section 3804. It places an offender on probation for up to one year and allows those participants who complete all of the program requirements to have the criminal charges dismissed and their record expunged. A DUI offender is eligible for ARD if: it is their first offense within 10 years, no person was killed or seriously injured, and there were no passengers in the vehicle under the age of 14 at the time of the offense.
An ARD participant must complete a full drug and alcohol assessment and a Court Reporting Network (CRN) evaluation. Also, the participant must comply with all rules of the Adult Probation Office and any other condition established by the Court, including up to 150 hours of community service.
License suspension is based upon your BAC: No suspension: if your BAC is 0.08% or 0.09% and you are not a minor; 30 days suspension: if your BAC is between 0.10% and 0.159%; 60 days suspension: if your BAC is greater than 0.160%, drugs are present, or the BAC is unknown; 90 days suspension: if you are under 21 years old.
Commercial Drivers: If you hold a commercial drivers license, your ARD admission or conviction of a DUI will result in the suspension of your CDL. Pursuant to Section 1611 of the Motor Vehicle Code, "upon receipt of a report of conviction, the Department of Transportation shall, in addition to any other penalties imposed under this title, disqualify any person from driving a commercial motor vehicle or school vehicle for a period of 1 year for the first violation of Section 3802 (DUI)."
Conviction, for purposes of CDLs, "shall include the acceptance of ARD or other preadjudication disposition." 75 Pa.C.S. Section 1603. See also Thorek v. Comm. of PA, Dept. of Transportation, 938 A.2d 505 (2007).
If you are convicted of 2 or more violations of DUI, the Department will disqualify your CDL for life.