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Pennsylvania DUI Laws & Penalties

This page sets out Pennsylvania DUI laws section by section. The statute calls drunk driving “driving under influence of alcohol or controlled substance”. A first offense is a misdemeanor and carries up to 6 months in jail and a fine of $300.

Checked October 31, 2026 against the Pennsylvania General Assembly, Pennsylvania Consolidated Statutes

Pennsylvania DUI laws: penalties by offense, general impairment tier

Pennsylvania DUI penalties
OffenseClassificationJailFineLicense
1st Misdemeanor (no degree named) up to 6 months $300
75 Pa.C.S. § 3803(a)(1), 75 Pa.C.S. § 3804(a)(1)
“An individual who violates section 3802(a) (relating to driving under influence of alcohol or controlled substance) and has no more than one prior offense commits a misdemeanor for which the individual may be sentenced to a term of imprisonment of not more than six months and to pay a fine under section 3804 (relating to penalties).”
“For a first offense, to: (i) undergo a mandatory minimum term of six months' probation; (ii) pay a fine of $300; (iii) attend an alcohol highway safety school approved by the department”
 No suspension (first offense, general impairment, no prior offense)
75 Pa.C.S. § 3804(e)(2)(iii)
“There shall be no suspension for an ungraded misdemeanor under section 3802(a) where the person is subject to the penalties provided in subsection (a) and the person has no prior offense.”
2nd Misdemeanor (no degree named) 5 days to 6 months $300 to $2,500
75 Pa.C.S. § 3803(a)(1), 75 Pa.C.S. § 3804(a)(2)
“has no more than one prior offense commits a misdemeanor for which the individual may be sentenced to a term of imprisonment of not more than six months”
“(i) undergo imprisonment for not less than five days; (ii) pay a fine of not less than $300 nor more than $2,500; (iii) attend an alcohol highway safety school approved by the department”
 12 months
75 Pa.C.S. § 3804(e)(2)(i)
“Except as provided for in subparagraph (iii), 12 months for an ungraded misdemeanor or misdemeanor of the second degree under this chapter.”
3rd Misdemeanor of the second degree 10 days to 2 years $500 to $5,000
75 Pa.C.S. § 3803(a)(2), 75 Pa.C.S. § 3804(a)(3), 18 Pa.C.S. § 1104(2)
“An individual who violates section 3802(a) and has two prior offenses or has one prior offense under section 3802(h)(1) commits a misdemeanor of the second degree.”
“(i) undergo imprisonment of not less than ten days; (ii) pay a fine of not less than $500 nor more than $5,000”
“Two years in the case of a misdemeanor of the second degree.”
 12 months
75 Pa.C.S. § 3804(e)(2)(i)
“12 months for an ungraded misdemeanor or misdemeanor of the second degree under this chapter.”

Higher penalties and special cases

High rate: BAC 0.10 to under 0.16
High rate (0.10 to under 0.16), also minors, commercial drivers and accidents with injury or damage: 1st, at least 48 consecutive hours and $500 to $5,000; 2nd, at least 30 days and $750 to $5,000; 3rd, at least 90 days and $1,500 to $10,000 (misdemeanor of the first degree); 4th or more, at least 1 year and $1,500 to $10,000
75 Pa.C.S. § 3804(b)(1)-(4); § 3803(b)(1), (b)(3)
“an individual who violates section 3802(a)(1) where there was an accident resulting in bodily injury, serious bodily injury or death of any person or damage to a vehicle or other property or who violates section 3802(b), (e) or (f) shall be sentenced as follows:”
“(i) undergo imprisonment of not less than 48 consecutive hours; (ii) pay a fine of not less than $500 nor more than $5,000”
“(i) undergo imprisonment of not less than 30 days; (ii) pay a fine of not less than $750 nor more than $5,000”
“(i) undergo imprisonment of not less than 90 days; (ii) pay a fine of not less than $1,500 nor more than $10,000”
“For a fourth or subsequent offense or a third or subsequent offense following a conviction for violating section 3802(h)(1), to: (i) undergo imprisonment of not less than one year; (ii) pay a fine of not less than $1,500 nor more than $10,000”
“or who violates section 3802(b), (e) or (f) and who has two prior offenses or has one prior offense under section 3802(h)(1) commits a misdemeanor of the first degree.”
Highest rate (0.16 or more), drugs, or a refused test
Highest rate (0.16 or more), drugs, or impaired driving with a test refusal: 1st, at least 72 consecutive hours and $1,000 to $5,000; 2nd, at least 90 days and at least $1,500 (misdemeanor of the first degree); 3rd or more, at least 1 year and at least $2,500 (felony of the third degree; second degree with three or more prior offenses)
75 Pa.C.S. § 3804(c)(1)-(3); § 3803(b)(2), (b)(4), (b)(4.1)
“An individual who violates section 3802(a)(1) and refused testing of breath under section 1547 (relating to chemical testing to determine amount of alcohol or controlled substance) or testing of blood pursuant to a valid search warrant or an individual who violates section 3802(c) or (d) shall be sentenced as follows:”
“(i) undergo imprisonment of not less than 72 consecutive hours; (ii) pay a fine of not less than $1,000 nor more than $5,000”
“(i) undergo imprisonment of not less than 90 days; (ii) pay a fine of not less than $1,500”
“(i) undergo imprisonment of not less than one year; (ii) pay a fine of not less than $2,500”
“or who violates section 3802(c) or (d) and who has one prior offense commits a misdemeanor of the first degree.”
“(i) A felony of the third degree if the individual has two prior offenses.”
“(ii) A felony of the second degree if the individual has three or more prior offenses.”
Passenger under 18
Minor under 18 in the vehicle, added on top of other penalties: 1st, fine of at least $1,000 and 100 hours of community service (misdemeanor of the first degree); 2nd, fine of at least $2,500 and 1 to 6 months; 3rd or more, 6 months to 2 years
75 Pa.C.S. § 3803(b)(5); § 3804(c.1)
“An individual who violates section 3802 where a minor under 18 years of age was an occupant in the vehicle when the violation occurred commits: (i) A misdemeanor of the first degree if the individual has no more than one prior offense.”
“(i) pay a fine of not less than $1,000; and (ii) complete 100 hours of community service.”
“(i) pay a fine of not less than $2,500; and (ii) undergo imprisonment of not less than one month nor more than six months.”
“undergo imprisonment of not less than six months nor more than two years.”
DUI after ARD (pretrial diversion)
DUI within 10 years after completing ARD (pretrial diversion) is its own offense and is sentenced like a second offense
75 Pa.C.S. § 3802(h)(1); § 3804(a)(2)
“within 10 years after completing an Accelerated Rehabilitative Disposition program or a pretrial diversion program substantially similar to Accelerated Rehabilitative Disposition in another jurisdiction”
“For a second offense or a first offense for a violation of section 3802(h)(1) with an underlying violation of an offense enumerated in this subsection”
Community service
Judge may add up to 150 hours of community service
75 Pa.C.S. § 3804(f)
“In addition to the penalties set forth in this section, the sentencing judge may impose up to 150 hours of community service.”

Refusing a breath or blood test

First refusal
12 months
With an earlier record
18 months (earlier refusal suspension, or an earlier DUI sentence)
75 Pa.C.S. § 1547(b)(1), (b)(2)(ii), (b.2)(1)
“Except as set forth in subparagraph (ii), for a period of 12 months.”
“For a period of 18 months if any of the following apply: (A) The person's operating privileges have previously been suspended under this subsection. (B) The person has, prior to the refusal under this paragraph, been sentenced for: (I) an offense under section 3802”
“if the person refuses to submit to chemical breath testing, upon conviction or plea for violating section 3802(a)(1), the person will be subject to the penalties provided in section 3804(c) (relating to penalties).”
“Except as provided in subparagraph (ii) or (iii), pay a restoration fee of $500.”

How earlier offenses count

10 years: a prior offense counts if it occurred within 10 years before the date of the new offense. Completing ARD for a DUI within the last 10 years also raises the penalty (§ 3802(h)).

75 Pa.C.S. § 3806(a), (b)(1)
“within 10 years prior to the date of the offense for which the defendant is being sentenced”
“the term "prior offense" as used in this chapter shall mean any conviction for which judgment of sentence has been imposed, adjudication of delinquency or other form of preliminary disposition before the sentencing on the present violation”
“an offense substantially similar to an offense under paragraph (1) or (2) in another jurisdiction”

Recent changes to Pennsylvania DUI law

The sections cited on this page were amended by the laws below. Where the official text does not say what an amendment changed, we list the citation only.

75 Pa.C.S. § 3802
Act 58 of 2025 (Dec. 22, 2025, P.L.363, No.58), effective Dec. 22, 2025 (effective immediately). Amended subsection (g) and added subsection (h) (DUI within 10 years after completing ARD).
75 Pa.C.S. § 3804
Act 58 of 2025 (Dec. 22, 2025, P.L.363, No.58), effective Dec. 22, 2025 (effective immediately). Amended the second-offense and later-offense penalty paragraphs (a)(2)-(3), (b)(2)-(4), (c)(2)-(3), (c.1)(2)-(3) and (c.2).
75 Pa.C.S. § 3806
Act 58 of 2025 (Dec. 22, 2025, P.L.363, No.58), effective Dec. 22, 2025 (effective immediately). Amended the definition of prior offense (a) and added (b)(4), after the Supreme Court of Pennsylvania declared § 3806 unconstitutional in Commonwealth v. Shifflett (May 30, 2025).
75 Pa.C.S. § 3803
Act 36 of 2026 (July 20, 2026, P.L.436, No.36), effective July 20, 2026 (effective immediately). Amended subsection (c)(2) (grading of a DUI after ARD when the underlying offense is a refusal, highest rate or drug offense).
75 Pa.C.S. § 3804
Act 36 of 2026 (July 20, 2026, P.L.436, No.36), effective July 20, 2026 (effective immediately). Amended the introductory paragraphs of (a)(2), (b)(2) and (c)(2).
75 Pa.C.S. §§ 3805, 3805.1, 1556
Act 36 of 2026 (July 20, 2026, P.L.436, No.36), effective 16 months after July 20, 2026. Added § 3805.1 (ignition interlock driver's license), amended § 3805, and repealed § 1556 (ignition interlock limited license).
75 Pa.C.S. § 1547
Act 36 of 2026 (July 20, 2026, P.L.436, No.36), effective 16 months after July 20, 2026. Amended the introductory paragraph of (a) and (b.2)(2).
75 Pa.C.S. § 3806
Act 36 of 2026 (July 20, 2026, P.L.436, No.36), effective 16 months after July 20, 2026. Amended the introductory paragraph of (b)(1).

Sources

Every figure above is quoted from the Pennsylvania General Assembly, Pennsylvania Consolidated Statutes, read on October 31, 2026. Sections cited: 75 Pa.C.S. § 3803(a)(1); 75 Pa.C.S. § 3804(a)(1); 75 Pa.C.S. § 3804(e)(2)(iii); 75 Pa.C.S. § 3804(a)(2); 75 Pa.C.S. § 3804(e)(2)(i); 75 Pa.C.S. § 3803(a)(2); 75 Pa.C.S. § 3804(a)(3); 18 Pa.C.S. § 1104(2); 75 Pa.C.S. § 3802(a)(2); 75 Pa.C.S. § 3802(b)-(c); 75 Pa.C.S. § 3802(e); 75 Pa.C.S. § 3802(f)(1)(i)-(ii); 75 Pa.C.S. § 3804(b)(1)-(4); § 3803(b)(1), (b)(3); 75 Pa.C.S. § 3804(c)(1)-(3); § 3803(b)(2), (b)(4), (b)(4.1); 75 Pa.C.S. § 3803(b)(5); § 3804(c.1); 75 Pa.C.S. § 3802(h)(1); § 3804(a)(2); 75 Pa.C.S. § 3804(f); 75 Pa.C.S. § 1547(b)(1), (b)(2)(ii), (b.2)(1); 75 Pa.C.S. § 3806(a), (b)(1).

This page is legal information. For advice on your own case, speak to a lawyer licensed in Pennsylvania. Courts apply these sections to the facts of each case, and the law can change after the date above.