PENNSYLVANIA DUI PENALTIES
75 Pa.C.S.A. 3804
FIRST TIER
3802(A)(1)(w/o Refusal or Accident),
3802(A)(2)
FIRST OFFENSE: 6 Months Probation, $300 Fine + Court Costs, Zero Suspension
SECOND OFFENSE: 5 Days Jail, $300 Fine + Court Costs, 12 Month Suspension
THIRD OFFENSE: (M2) 10 Days Jail, $500 Fine + Court Costs, 12 Month Suspension
FIRST OFFENSE: 6 Months Probation, $300 Fine + Court Costs, Zero Suspension
SECOND OFFENSE: 5 Days Jail, $300 Fine + Court Costs, 12 Month Suspension
THIRD OFFENSE: (M2) 10 Days Jail, $500 Fine + Court Costs, 12 Month Suspension
SECOND TIER
3802(A)(1)(w/ Accident), 3802(B),
3802(E), 3802(F)
FIRST OFFENSE: 48 Hours Jail, $500 Fine + Court Costs, 12 Month Suspension
SECOND OFFENSE: 30 Days Jail, $750 Fine + Court Costs, 12 Month Suspension
THIRD OFFENSE: (M1) 90 Days Jail, $1500 Fine + Court Costs, 18 Month Suspension
FIRST OFFENSE: 48 Hours Jail, $500 Fine + Court Costs, 12 Month Suspension
SECOND OFFENSE: 30 Days Jail, $750 Fine + Court Costs, 12 Month Suspension
THIRD OFFENSE: (M1) 90 Days Jail, $1500 Fine + Court Costs, 18 Month Suspension
THIRD TIER
3802(A)(1)(w/Refusal)**,
3802(C), 3802(D)
FIRST OFFENSE: (M) 72 Hours Jail, $1000 Fine + Court Costs, 12 Month Suspension
SECOND OFFENSE: (M1) 90 Days Jail, $1500 Fine + Court Costs, 18 Month Suspension
THIRD OFFENSE: (FELONY) 1 YEAR State Prison, $2500 Fine, 18 Month Suspension
FIRST OFFENSE: (M) 72 Hours Jail, $1000 Fine + Court Costs, 12 Month Suspension
SECOND OFFENSE: (M1) 90 Days Jail, $1500 Fine + Court Costs, 18 Month Suspension
THIRD OFFENSE: (FELONY) 1 YEAR State Prison, $2500 Fine, 18 Month Suspension
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REFUSALS - Automatic PennDOT Suspension: If you refuse to submit to a breath test or to a blood test, your license will be suspended for a minimum of 12 months.
**REFUSALS - Enhanced Penalties:
**REFUSALS - Enhanced Penalties:
If you refuse to submit to a breath test, you will automatically be treated as if your BAC was above .16% (Third Tier).
If you refuse to submit to a blood tests AND law enforcement obtains a search warrant for your blood and you continue to refuse, you will automatically be treated as if your BAC was above .16% (Third Tier)
ACCIDENTS: If you are involved in an accident, regardless of fault, you will be charged with a Second Tier Offense unless your BAC was above a .16% or you had drugs in your system. In that situation, you will be charged with a Third Tier Offense.
CHILDREN IN VEHICLE: If you have a child under the age of 18 in your vehicle, you will be charged with a Misdemeanor 1 offense (this may impact gun rights) which also carries a longer maximum sentence. You may also be charged with a separate criminal offense. If you have a child under the age of 14 in your vehicle you will be deemed ineleigible for ARD.