First-Offense DUI in Pennsylvania

Learn about how Pennsylvania defines “driving under the influence” and the consequences of a DUI conviction.

Pennsylvania’s DUI law prohibits driving or being in actual physical control of a vehicle while:

Generally, a driver is deemed to have violated the law if a chemical test conducted within two hours of driving shows a BAC that’s above the legal limit. (Get an estimate of how many drinks it takes to put you at .08%.)

The consequences of a DUI conviction depend on the circumstances, including whether the motorist has prior DUI convictions. This article covers first-offense penalties. (Read more about Pennsylvania’s DUI laws, including second-offense and third-offense consequences.) A DUI is considered a first offense if the motorist has no prior DUI convictions within the past ten years.

(75 Pa. Stat. and Cons. Stat. Ann. §§ 3802, 3806 (2017).)

Penalties for a First DUI

The consequences of a first DUI conviction—which can be the result of a plea bargain or being found guilty after a trial—differ depending on the facts of the case. But generally, the possible penalties include:

  • DUI based on impairment or a BAC of at least .08% but less than .1%. A first DUI conviction where the driver was convicted based on impairment or having a BAC of .08% or more but less than .1% is a misdemeanor. A convicted driver is looking at $300 in fines, a six-month term of probation, and up to six months in jail. The motorist will also have to complete an alcohol safety class and may be required to participate in substance abuse treatment.
  • Impairment DUIs involving injuries, death, or property damage and DUIs involving BAC of at least .1% but less than .16%. A first DUI conviction where the driver was convicted based on impairment and someone was injured or killed or another’s property was damaged or the driver had a BAC of .1% or more but less than .16% is a misdemeanor. The convicted driver is looking at 48 hours to six months in jail, $500 to $5,000 in fines, and a 12-month license suspension. The motorist will also have to complete an alcohol safety class and may be required to participate in substance abuse treatment. (Also, read about Pennsylvania’s homicide-by-vehicle laws.)
  • Impairment DUIs involving a refusal to take a breath test and DUIs involving BAC of at least .16% or controlled substances. A first DUI conviction where the driver was convicted based on impairment and refused to take a breath test or the driver had a BAC of at least .16% or any concentration of a controlled substance is a misdemeanor. The convicted driver is looking at 72 hours to six months in jail, $1,000 to $5,000 in fines, and a 12-month license suspension. The motorist will also have to complete an alcohol safety class and may be required to participate in substance abuse treatment.
  • DUIs with a minor passenger. A first offender who’s caught driving under the influence with a passenger who is under 18 years old is guilty of a first-degree misdemeanor. In addition to the penalties mentioned above, the convicted motorist is looking at least $1,000 in fines and 100 hours of community service. The motorist also faces up to five years in jail and an 18-month license suspension.

Also, read our article discussing the actual costs of a first DUI, including expenses like attorney fees and increased insurance rates.

(18 Pa. Stat. and Cons. Stat. Ann. § 1104 (2017); 75 Pa. Stat. and Cons. Stat. Ann. § 3802, 3803, 3804 (2017); Commonwealth v. Giron, 155 A.3d 635, 638 (2017).)

Talk to a DUI Attorney

DUI law is complicated and the facts of each case are different. So, if you’ve been arrested for a DUI, get in contact with an experienced DUI lawyer. A qualified attorney can tell you how the law applies in your situation and help you decide on how best to handle your case.

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