Scope: Pennsylvania law. This chart summarizes the penalties Pennsylvania's Vehicle Code sets for driving under the influence (DUI), 75 Pa.C.S. §§ 3802–3807, as amended through Act 36 of 2026 (the parts in effect on October 26, 2026). The statute is the same in every county, including Northampton and Lehigh. The chart does not cover homicide or aggravated assault by vehicle while DUI, commercial-driver disqualification, juvenile court cases (apart from the license suspension for a consent decree), or another state's license. Statutes were checked on October 26, 2026. This is general information, not legal advice about a particular case.
The short version
Pennsylvania sets DUI penalties by three things: the tier of the offense, which turns mainly on blood alcohol concentration (BAC), drugs, a test refusal or an accident; the number of prior DUI offenses in the past ten years; and whether the new DUI came within ten years after completing DUI ARD. A first offense ranges from six months' probation and a $300 fine, with no license suspension, in the lowest tier to at least 72 consecutive hours in jail, a fine of $1,000 to $5,000 and a 12-month suspension in the highest. More prior offenses bring higher minimums, a higher grade and a longer suspension, though not every step raises every item, and a third or later offense can be a felony.
- Three tiers. General impairment (BAC of 0.08% to under 0.10%, or impairment); high rate (0.10% to under 0.16%), which also covers drivers under 21 at 0.02% or more, commercial and school vehicles, and accidents causing injury or damage; and highest rate (0.16% or more), which also covers controlled substances and, under § 3804(c), refusing breath testing or blood testing under a valid search warrant.
- Prior offenses look back ten years. A DUI counts as a prior offense if it occurred within the ten years before the new offense. Accepting ARD is no longer a prior offense by itself.
- A DUI after ARD is its own offense. A DUI within ten years after completing DUI ARD is a separate offense under § 3802(h)(1), and a first conviction for it carries the second-offense penalties for its tier.
- Act 36 of 2026. Effective July 20, 2026, Act 36 made explicit that the penalty for a first § 3802(h)(1) offense follows the tier of the underlying DUI. It also made a § 3802(h)(1) offense based on a refusal of breath testing, or of chemical testing under a warrant or other lawful basis, a first-degree misdemeanor.
- The license is a separate track. A conviction brings no suspension, 12 months or 18 months, depending on the tier and grade. A refusal adds its own 12- or 18-month suspension, and ARD carries none, 30, 60 or 90 days. Most conviction and refusal suspensions also bring at least a year of ignition interlock, which can begin during the suspension on an Ignition Interlock Limited License.
- Minimums are floors. A judge can sentence above the minimum, up to the maximum for the grade, and court costs and fees come on top of the fines.
How to read the chart
Find the tier first. Section 3804 assigns every DUI to one of three penalty tiers. When a case fits more than one, the higher tier applies: § 3804(a) applies "[e]xcept as set forth in subsection (b) or (c)," and § 3804(b) "[e]xcept as set forth in subsection (c)." BAC tiers are measured within two hours after driving; a later test can still count if the Commonwealth shows good cause for the delay and that the driver did not drink or use a controlled substance between the arrest and the test. 75 Pa.C.S. §§ 3802(g), 3804.
| Tier | DUI offenses in the tier | Penalties |
|---|---|---|
| General impairment | BAC of at least 0.08% but less than 0.10% within two hours after driving (§ 3802(a)(2)); or drinking enough to be "rendered incapable of safely driving" (§ 3802(a)(1)) when no accident caused injury or damage and there was no refusal covered by § 3804(c) | § 3804(a) |
| High rate, minors, commercial and school vehicles, accidents | BAC of at least 0.10% but less than 0.16% (§ 3802(b)); a driver under 21 with a BAC of 0.02% or higher (§ 3802(e)); a commercial vehicle at 0.04% or higher, a school bus or school vehicle at 0.02% or higher, or driving one of those vehicles while impaired by alcohol or a controlled substance (§ 3802(f)); or § 3802(a)(1) where an accident caused bodily injury, serious bodily injury, death, or damage to a vehicle or other property | § 3804(b) |
| Highest rate, controlled substances, refusal | BAC of 0.16% or higher (§ 3802(c)); any amount of a Schedule I controlled substance, a Schedule II or III controlled substance not medically prescribed for the driver, or a metabolite of either, or impairment by drugs, by alcohol and drugs combined, or by a solvent or noxious substance (§ 3802(d)); or § 3802(a)(1) where the driver refused breath testing under § 1547 or blood testing under a valid search warrant | § 3804(c) |
Then count prior offenses, as explained below. A second offense has one prior offense, a third has two, and so on.
Before sentencing, every defendant convicted of DUI is evaluated with Court Reporting Network (CRN) instruments, and gets a full drug and alcohol assessment if a DUI sentence was imposed within the prior ten years, the evaluation shows a need, or the BAC was 0.16% or higher. 75 Pa.C.S. §§ 3814, 3816(a). The "Treatment" entries below mean the statute's requirement to "comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815." "Safety school" is an alcohol highway safety school approved by PennDOT.
Penalties by tier and offense
Facts verified October 26, 2026, against the current text of 75 Pa.C.S. §§ 3803 and 3804, including the Act 36 amendments in force since July 20, 2026.
General impairment — § 3804(a)
| Offense | Minimum jail | Fine | School and treatment | License suspension | Grade and maximum |
|---|---|---|---|---|---|
| First | No mandatory jail; a mandatory minimum of 6 months' probation (§ 3804(a)(1)(i)) | $300 (§ 3804(a)(1)(ii)) | Safety school and treatment (§ 3804(a)(1)(iii)–(iv)) | None (§ 3804(e)(2)(iii)) | Ungraded misdemeanor; up to 6 months (§ 3803(a)(1)) |
| Second | 5 days (§ 3804(a)(2)(i)) | $300 to $2,500 (§ 3804(a)(2)(ii)) | Safety school and treatment (§ 3804(a)(2)(iii)–(iv)) | 12 months (§ 3804(e)(2)(i)) | Ungraded misdemeanor; up to 6 months (§ 3803(a)(1)) |
| Third | 10 days (§ 3804(a)(3)(i)) | $500 to $5,000 (§ 3804(a)(3)(ii)) | Treatment (§ 3804(a)(3)(iii)) | 12 months (§ 3804(e)(2)(i)) | Second-degree misdemeanor; up to 2 years (§ 3803(a)(2)) |
| Fourth or later | 10 days (§ 3804(a)(3)(i)) | $500 to $5,000 (§ 3804(a)(3)(ii)) | Treatment (§ 3804(a)(3)(iii)) | 18 months (§ 3804(e)(2)(ii)) | Third-degree felony; up to 7 years (§ 3803(a)(3)) |
High rate, minors, commercial and school vehicles, accidents — § 3804(b)
| Offense | Minimum jail | Fine | School and treatment | License suspension | Grade and maximum |
|---|---|---|---|---|---|
| First | 48 consecutive hours (§ 3804(b)(1)(i)) | $500 to $5,000 (§ 3804(b)(1)(ii)) | Safety school and treatment (§ 3804(b)(1)(iii)–(iv)) | 12 months (§ 3804(e)(2)(i)) | Ungraded misdemeanor; up to 6 months (§ 3803) |
| Second | 30 days (§ 3804(b)(2)(i)) | $750 to $5,000 (§ 3804(b)(2)(ii)) | Safety school and treatment (§ 3804(b)(2)(iii)–(iv)) | 12 months (§ 3804(e)(2)(i)) | Ungraded misdemeanor; up to 6 months (§ 3803(b)(1)) |
| Third | 90 days (§ 3804(b)(3)(i)) | $1,500 to $10,000 (§ 3804(b)(3)(ii)) | Treatment (§ 3804(b)(3)(iii)) | 18 months (§ 3804(e)(2)(ii)) | First-degree misdemeanor; up to 5 years (§ 3803(b)(3)) |
| Fourth or later | 1 year (§ 3804(b)(4)(i)) | $1,500 to $10,000 (§ 3804(b)(4)(ii)) | Treatment (§ 3804(b)(4)(iii)) | 18 months (§ 3804(e)(2)(ii)) | Third-degree felony; up to 7 years (§ 3803(a)(3)) |
Highest rate, controlled substances, refusal — § 3804(c)
| Offense | Minimum jail | Fine | School and treatment | License suspension | Grade and maximum |
|---|---|---|---|---|---|
| First | 72 consecutive hours (§ 3804(c)(1)(i)) | $1,000 to $5,000 (§ 3804(c)(1)(ii)) | Safety school and treatment (§ 3804(c)(1)(iii)–(iv)) | 12 months (§ 3804(e)(2)(i)); a refusal also brings its own suspension (§ 1547(b)) | Ungraded misdemeanor; up to 6 months (§ 3803(b)(2)) |
| Second | 90 days (§ 3804(c)(2)(i)) | At least $1,500 (§ 3804(c)(2)(ii)) | Safety school and treatment (§ 3804(c)(2)(iii)–(iv)) | 18 months (§ 3804(e)(2)(ii)) | First-degree misdemeanor; up to 5 years (§ 3803(b)(4)) |
| Third | 1 year (§ 3804(c)(3)(i)) | At least $2,500 (§ 3804(c)(3)(ii)) | Treatment (§ 3804(c)(3)(iii)) | 18 months (§ 3804(e)(2)(ii)) | Third-degree felony; up to 7 years (§ 3803(b)(4.1)(i)) |
| Fourth or later | 1 year (§ 3804(c)(3)(i)) | At least $2,500 (§ 3804(c)(3)(ii)) | Treatment (§ 3804(c)(3)(iii)) | 18 months (§ 3804(e)(2)(ii)) | Second-degree felony; up to 10 years (§ 3803(b)(4.1)(ii)) |
Notes to the three tables.
- Maximums by grade. An ungraded DUI misdemeanor carries up to six months under § 3803 itself. Otherwise the maximum comes from the Crimes Code: up to two years for a second-degree misdemeanor, five years for a first-degree misdemeanor, seven years for a third-degree felony and ten years for a second-degree felony. 18 Pa.C.S. §§ 1103, 1104. Where § 3804 sets only a minimum fine, the Crimes Code's general limits apply: up to $10,000 for a first-degree misdemeanor, $15,000 for a third-degree felony and $25,000 for a second-degree felony. 18 Pa.C.S. § 1101.
- Safety school for third and later offenses. For third and later offenses, §§ 3804(a)(3), (b)(3)–(4) and (c)(3) list jail, a fine and treatment, but not safety school.
- Consecutive sentences. With two or more prior offenses, or one prior § 3802(h)(1) conviction, the DUI sentence runs consecutively to any other sentence the person is serving or receiving, except offenses that merge. § 3804(c.2).
- Other conditions. The judge may add up to 150 hours of community service, a victim impact panel, and other conditions tied to treatment, restitution or public safety. § 3804(f), (f.1), (j).
- The minimums bind the court. The sentencing guidelines "shall not supersede the mandatory penalties of this section," and the Commonwealth may appeal a sentence that does not meet them. § 3804(g)–(h).
- Prior homicide-by-vehicle conviction. These tables assume no prior conviction for homicide by vehicle while DUI under § 3735. That history can make a later DUI a third-degree felony even with fewer prior DUI offenses. § 3803(a)(3).
When a child is in the vehicle
A DUI with a passenger under 18 is graded higher and carries added penalties "in addition to any penalty imposed in this chapter." 75 Pa.C.S. §§ 3803(b)(5), 3804(c.1).
| Offense | Added penalty | Grade |
|---|---|---|
| First | A fine of at least $1,000 and 100 hours of community service (§ 3804(c.1)(1)) | First-degree misdemeanor (§ 3803(b)(5)(i)) |
| Second, or a first § 3802(h)(1) offense | A fine of at least $2,500 and 1 to 6 months in jail (§ 3804(c.1)(2)) | First-degree misdemeanor (§ 3803(b)(5)(i)) |
| Third or later, or a second or later offense after a § 3802(h)(1) conviction | 6 months to 2 years in jail (§ 3804(c.1)(3)) | At least a third-degree felony (§ 3803(b)(5)(ii)); a second-degree felony for a highest-tier DUI with three or more prior offenses, or two including a § 3802(h)(1) conviction (§ 3803(b)(4.1)(ii)–(iii)) |
Because of the higher grade, the license suspension is 18 months. § 3804(e)(2)(ii). A passenger under 14 also makes the case ineligible for DUI ARD. 75 Pa.C.S. § 3807(a)(2)(iii).
What counts as a prior offense
Section 3806 defines the prior offenses that raise grading and penalties. 75 Pa.C.S. § 3806.
- What counts. A conviction "for which judgment of sentence has been imposed," an adjudication of delinquency, or another form of preliminary disposition, entered before sentencing on the new offense, for a DUI under § 3802, the former § 3731 or a substantially similar out-of-state law. § 3806(a). The statute does not say what "other form of preliminary disposition" still covers now that ARD acceptance has been removed (next point), so how such a record counts is a question to raise with counsel.
- The ten-year window. For grading and penalties, "the prior offense must have occurred" within ten years before the date of the new offense, or on or after that date. § 3806(b)(1). So a DUI committed after the current one can count if it is sentenced first.
- Counted at sentencing. The court counts prior offenses at the time of sentencing, and offenses sentenced on the same day count as prior offenses to each other. § 3806(b)(2)–(3).
- ARD acceptance. In Commonwealth v. Shifflett, 335 A.3d 1158 (Pa. 2025), the Supreme Court of Pennsylvania held that accepting ARD could not, by itself, be treated as a prior offense to increase a later DUI sentence under the former statute. Act 58 of 2025 then removed ARD acceptance from § 3806's definition, effective December 22, 2025, and created the separate § 3802(h) offense described next. Our guide to ARD as a prior DUI explains that history.
- Other look-backs differ. DUI ARD eligibility has its own ten-year rule (§ 3807(a)(2)(i)), and the 18-month refusal suspension has no ten-year limit (§ 1547(b)(1)(ii)). Do not carry one rule into another.
A DUI within ten years after completing ARD — § 3802(h)
Act 58 of 2025 made it a separate offense to drive in violation of § 3802(a), (b), (c), (d), (e) or (f) "within 10 years after completing an Accelerated Rehabilitative Disposition program," or a substantially similar diversion program in another jurisdiction, for a DUI. 75 Pa.C.S. § 3802(h)(1). A certified PennDOT record, a clerk of courts record or a similar out-of-state record is sufficient proof of the completion. § 3802(h)(2). Even after an expungement, the clerk keeps a nonpublic certified copy of the completion order for 12 years for use only in later § 3802(h) prosecutions, and PennDOT keeps its own acceptance and completion record for 12 years, with limited exceptions. 75 Pa.C.S. §§ 3807(f), 1534(b)–(d).
A first § 3802(h)(1) offense is sentenced at the second-offense level of the underlying DUI's tier:
| Underlying DUI | Minimum jail | Fine | Grade and maximum |
|---|---|---|---|
| General impairment | 5 days (§ 3804(a)(2)(i)) | $300 to $2,500 (§ 3804(a)(2)(ii)) | Misdemeanor; up to 6 months (§ 3803(c)(1)) |
| High rate, minors, commercial or school vehicles, accidents | 30 days (§ 3804(b)(2)(i)) | $750 to $5,000 (§ 3804(b)(2)(ii)) | Misdemeanor; up to 6 months (§ 3803(c)(1)) |
| § 3802(a)(1) with a refusal of breath testing, or of blood testing under a warrant | 90 days (§ 3804(c)(2)(i)) | At least $1,500 (§ 3804(c)(2)(ii)) | First-degree misdemeanor; up to 5 years (§ 3803(c)(2), as amended by Act 36) |
| Highest rate or controlled substances | 90 days (§ 3804(c)(2)(i)) | At least $1,500 (§ 3804(c)(2)(ii)) | First-degree misdemeanor; up to 5 years (§ 3803(c)(2)) |
Each row also requires safety school and treatment (§ 3804(a)(2), (b)(2), (c)(2)). The license suspension follows the grade: 12 months for a misdemeanor graded under § 3803(c)(1), 18 months for a first-degree misdemeanor. § 3804(e)(2).
What Act 36 changed. Act 36 of 2026 took effect for these sections on July 20, 2026. It added "with an underlying violation of an offense enumerated in this subsection" to §§ 3804(a)(2), (b)(2) and (c)(2), making explicit that the penalty for a first § 3802(h)(1) offense follows the tier of the underlying DUI. It also amended § 3803(c)(2) so that a § 3802(h)(1) offense is a first-degree misdemeanor when the underlying offense is a § 3802(a)(1) violation in which the driver refused breath testing, or chemical testing under a valid search warrant, court order or other constitutional basis. Highest-rate and controlled-substance cases were already graded that way. Act 36 of 2026, §§ 8, 12(2).
Dates matter. Section 3802(h) took effect December 22, 2025, and the Act 36 changes on July 20, 2026. Earlier driving must be analyzed under the law in effect when it happened.
After a § 3802(h)(1) conviction. A later DUI is sentenced and graded as though the person had one more prior offense. A general-impairment DUI after one prior § 3802(h)(1) conviction, for example, carries the third-offense minimum of 10 days and is a second-degree misdemeanor; in the highest tier, the same history means at least one year and a third-degree felony. §§ 3803(a)(2), (a)(4), (b)(3), (b)(4.1)(i.1), (b)(4.1)(iii); 3804(a)(3), (b)(3)–(4), (c)(3). That extra weight ends once the ARD completion date is more than ten years before the new offense; the § 3802(h)(1) conviction then counts as an ordinary prior offense for the underlying DUI if it falls within the ten-year look-back. § 3806(b)(1), (4).
DUI ARD: eligibility, conditions and license
ARD is a pretrial diversion program, not a sentence. The district attorney decides whether to submit a case, and before a defendant may accept DUI ARD, the court must "conduct an inquiry on the record" that the acceptance and waiver of rights are knowing, voluntary and intelligent. 75 Pa.C.S. § 3807(a)(1), (a.1).
- Statutory bars. The district attorney may not submit a DUI for ARD if the defendant was found guilty of, or accepted ARD on, a § 3802 charge within ten years of the current offense, unless that charge was an ungraded misdemeanor under § 3802(a)(2) and the defendant's first offense; if an accident killed or seriously injured someone other than the defendant; or if a passenger under 14 was in the vehicle. § 3807(a)(2).
- Conditions. Safety school; a CRN evaluation and, if it shows a need or the BAC was at least 0.16%, a full assessment and any treatment it recommends; six to twelve months of court supervision; restitution and costs, including a $50 cost for the Emergency Medical Services Operating Fund. § 3807(b).
- License. No suspension if the BAC was below 0.10%; 30 days from 0.10% to under 0.16%; 60 days at 0.16% or more, with an unknown BAC, after an accident causing bodily injury or vehicle or property damage, or on a § 3802(d) charge; 90 days if the defendant was under 21. §§ 3801 ("minor"), 3807(d).
- Afterward. Completion ordinarily leads to dismissal of the charges and expungement of the arrest record, subject to any Commonwealth objection. Pa.R.Crim.P. 319, 320. The clerk still keeps the completion order for 12 years for any § 3802(h) prosecution. § 3807(f).
- A proposed rule change (as of October 26, 2026). The Criminal Procedural Rules Committee has proposed amending Pa.R.Crim.P. 312 and 319. The proposal would expand the on-record inquiry, require the court to confirm that a DUI defendant understands that successful completion "may be used to increase any penalties imposed as a result of a subsequent offense under 75 Pa.C.S. § 3802," and delete commentary that the Committee says may be in tension with Shifflett. Comments are due December 30, 2026. It is a proposal, not a rule. Committee publication report.
County application steps differ. Our Northampton County and Lehigh County criminal-procedure guides explain them, and our DUI ARD page covers the program generally.
License consequences at a glance
The license runs on its own track: PennDOT imposes the suspension, and a refusal suspension can apply even if the DUI charge ends without a conviction.
| Source of the suspension | Length | Law |
|---|---|---|
| DUI conviction: first offense, general impairment, no prior offense, no passenger under 18 | No suspension | § 3804(e)(2)(iii) |
| DUI conviction graded as an ungraded or second-degree misdemeanor | 12 months | § 3804(e)(2)(i) |
| DUI conviction graded as a first-degree misdemeanor or a felony | 18 months | § 3804(e)(2)(ii) |
| Chemical-test refusal after a DUI arrest (civil; separate from the criminal case) | 12 months; 18 months after a prior refusal suspension or a prior DUI sentence | § 1547(b)(1) |
| DUI ARD | None, 30, 60 or 90 days, by BAC and other facts | § 3807(d) |
| Juvenile consent decree based on § 3802 | 6 months | § 3804(e)(2)(v) |
- Interlock before full restoration. After a DUI or refusal suspension, PennDOT generally requires at least one year with an ignition interlock restricted license, and the interlock vendor's certification of two consecutive months without a violation, before it restores an unrestricted license. The exception requires all three: penalties under § 3804(a)(1) or an ARD suspension under § 3807(d); no prior offense; and no DUI ARD completed in the prior ten years. 75 Pa.C.S. § 3805(a), (a.1), (c), (h.2). Time holding a valid Ignition Interlock Limited License for the same incident counts toward that year. § 1556(a)(4).
- Driving during a suspension. An Ignition Interlock Limited License (IILL) can allow driving an interlock-equipped vehicle during many DUI, refusal and ARD suspensions, without a waiting period for ARD suspensions and some first-offense 12-month suspensions, and after six or nine months for others. § 1556(f). PennDOT must issue it first. Our IILL guide explains eligibility and the application. An occupational limited license is not available for a DUI or refusal suspension. § 1553(a)(1).
- Refusal restoration fees. $500 for a first refusal suspension, $1,000 if PennDOT has suspended the person under § 1547 once before, and $2,000 after two or more. § 1547(b.2). Our refusal guide covers the warnings and the appeal.
- Driving before restoration. Until PennDOT restores the license, driving is a separate DUI-related suspension offense with mandatory jail, even after the suspension period has run. § 1543(b). Our driving-under-suspension guide explains the charge.
- A change scheduled for November 20, 2027. Act 36 replaces the IILL framework and changes § 3805's interlock rules on that date. This chart shows the rules in effect now.
What the chart can't tell you
- Whether the charge fits the evidence. The tier depends on proof: a BAC measured within two hours of driving, a refusal that meets the statute, a lawful blood draw, or evidence of impairment.
- How a particular record counts. Out-of-state convictions, juvenile adjudications, a prior ARD and the exact offense and sentencing dates all change the count.
- The actual sentence. The minimum is a floor and the grade sets the ceiling. Within those limits, judges apply the sentencing guidelines, and county programs can affect how a sentence is served.
- Costs. Court costs, supervision fees, evaluation and treatment costs, and interlock costs are separate from the fines.
- Other consequences. Commercial drivers face separate disqualification rules (75 Pa.C.S. § 1611). A DUI record can also affect firearm rights; see our firearm rights page. A noncitizen should get immigration advice before any plea.
How DUI cases move in Northampton and Lehigh County
The penalties above are statewide. Court procedure is local. Our Northampton County and Lehigh County criminal-procedure guides cover each county's preliminary hearings, ARD processing and treatment courts, and the stages of a Pennsylvania DUI case walks through the sequence. For a first charge, read what to expect after a first DUI.
What to bring to a consultation
- The citation or criminal complaint, the affidavit of probable cause and any bail papers.
- Every PennDOT notice, with the date you received it.
- Any chemical-test result or refusal form (DL-26A or DL-26B).
- The docket numbers, dates and outcomes of any earlier DUI or ARD, including completion or expungement papers.
- Your driving record, if you have it, and any out-of-state license history.
Frequently asked questions
What is the penalty for a first DUI in Pennsylvania?
It depends on the tier. At general impairment, the minimum is six months' probation, a $300 fine, alcohol highway safety school and any treatment ordered, with no license suspension. In the high-rate tier it is at least 48 consecutive hours in jail, a fine of $500 to $5,000 and a 12-month suspension. In the highest tier, which includes controlled substances and refusals covered by § 3804(c), it is at least 72 consecutive hours, a fine of $1,000 to $5,000 and a 12-month suspension, and a refusal also brings a separate refusal suspension. A first offense is a misdemeanor with a six-month maximum unless a passenger under 18 was in the vehicle, which makes it a first-degree misdemeanor with an 18-month suspension, a fine of at least $1,000 and 100 hours of community service. If you completed DUI ARD in the past ten years, a new DUI can be a separate § 3802(h) offense with higher penalties.
Is a DUI a felony in Pennsylvania?
It can be. In the general-impairment and high-rate tiers, a fourth or later offense is a third-degree felony. In the highest tier (a BAC of 0.16% or more, controlled substances or a qualifying test refusal), a third offense is a third-degree felony and a fourth or later offense is a second-degree felony. A DUI with a passenger under 18 is at least a third-degree felony with two or more prior offenses or one prior § 3802(h)(1) conviction. A prior § 3802(h)(1) conviction, or a prior conviction for homicide by vehicle while DUI, can also make a later DUI a felony.
How far back does Pennsylvania look for prior DUIs?
Ten years. For grading and penalties, a prior offense counts if it occurred within the ten years before the date of the new offense. A DUI committed on or after the current offense can also count if its disposition meets § 3806; sentencing order matters. The court counts prior offenses at sentencing, and offenses sentenced on the same day count against each other. Accepting ARD is not a prior offense by itself. Other rules use different look-backs: DUI ARD eligibility has its own ten-year rule, and the 18-month refusal suspension has no ten-year limit.
Does a completed ARD count as a prior DUI?
Not by itself. After Commonwealth v. Shifflett (2025) and Act 58 of 2025, accepting ARD is not a prior offense under § 3806. But a new DUI within ten years after completing DUI ARD is a separate offense under § 3802(h)(1), and a first conviction for it carries the second-offense penalties for the tier of the underlying DUI.
What did Act 36 of 2026 change about DUI penalties?
Effective July 20, 2026, Act 36 made explicit that the penalty for a first § 3802(h)(1) offense follows the tier of the underlying DUI. It also made a § 3802(h)(1) offense a first-degree misdemeanor when the underlying DUI is a § 3802(a)(1) offense in which the driver refused breath testing, or chemical testing under a warrant, court order or other lawful basis; highest-rate and controlled-substance cases were already graded that way. Act 36's larger changes to ignition interlock and restricted licenses are scheduled to begin November 20, 2027.
How long will I lose my license for a DUI in Pennsylvania?
A conviction brings no suspension for a first general-impairment offense with no prior offense and no passenger under 18, 12 months for an ungraded or second-degree misdemeanor, and 18 months for a first-degree misdemeanor or a felony. A chemical-test refusal brings a separate 12- or 18-month suspension. DUI ARD carries no suspension, 30, 60 or 90 days, depending on BAC and other facts. Many drivers can apply for an Ignition Interlock Limited License to drive during a suspension, but PennDOT must issue it first.
Will I need an ignition interlock after a DUI?
Usually, if the license was suspended for a DUI conviction or a refusal. PennDOT generally requires at least one year with an ignition interlock restricted license, and the vendor's certification of two consecutive months without a violation, before restoring an unrestricted license. The exception requires all three of these: penalties under § 3804(a)(1) or an ARD suspension, no prior offense, and no DUI ARD completed in the prior ten years. Time holding a valid Ignition Interlock Limited License for the same incident counts toward the year.
Can a judge sentence below the mandatory minimum for a DUI?
No. The sentencing guidelines do not override the mandatory DUI penalties, and the Commonwealth can appeal a sentence that falls short of them. What can vary is how far above the minimum the judge goes and, where the law and the county's programs allow, how the sentence is served.