Pennsylvania DUI Laws 2026: Complete Guide

Pennsylvania has complex DUI laws with a unique three-tier BAC system, strict penalties that escalate dramatically for repeat offenses, and the ARD (Accelerated Rehabilitative Disposition) program for first-time offenders. Understanding Pennsylvania's tiered penalties, PennDOT license suspension, ignition interlock requirements, and your rights is essential if you've been arrested for DUI in Pennsylvania.

Pennsylvania's Three-Tier BAC System

Pennsylvania is unique in having three levels of DUI based on BAC (75 Pa.C.S. § 3802):

Special BAC Limits

• Commercial Drivers: 0.04% (75 Pa.C.S. § 3802(e))
• Drivers Under 21: 0.02% (75 Pa.C.S. § 3802(e))
• School Bus/School Vehicle Drivers: 0.02% (75 Pa.C.S. § 3802(f))

DUI Penalties by Tier and Offense

First Offense Penalties

Second Offense Penalties (within 10 years)

Third+ Offense Penalties (within 10 years)

Additional Mandatory Penalties (All Offenses)

• Alcohol Highway Safety School: 12.5 hours (first offense), 12.5 hours (second+)
• Drug & Alcohol Treatment: As ordered by court after evaluation
• Ignition Interlock: 12 months for second+ offense, 12 months for first offense High/Highest tier (court discretion)
• Safe Driving School: May be required

ARD Program (Accelerated Rehabilitative Disposition)

Pennsylvania's ARD program is a pre-trial diversion for first-time DUI offenders (234 Pa. Code Rule 310-320):

ARD Eligibility

Generally eligible if:

• First-time DUI offense (no prior DUI within 10 years)
• No death or serious bodily injury
• No commercial driver's license at time of offense
• No minor passenger in vehicle (age 14 or under)
• District Attorney approves (not automatic right)

ARD Requirements

If accepted into ARD, you must complete:

• Probation: Typically 12 months (up to 24 months possible)
• License Suspension:
  • 30-60 days (BAC 0.10-0.159%)
  • 60-90 days (BAC 0.16%+ or refusal)
  • No suspension if BAC under 0.10% and no accident
• Alcohol Highway Safety School: 12.5 hours
• CRN Evaluation: Drug/alcohol assessment
• Community Service: As ordered by court
• Court Costs & Fees: $1,500-$3,000+ (varies by county)
• Ignition Interlock: May be required for High/Highest BAC
• Restitution: If property damage

ARD Benefits

• Case Dismissed: Upon successful completion, charges dismissed
• Expungement: Can petition to expunge arrest record after completion
• No Conviction: No criminal conviction on record if successful
• Avoid Jail: No jail time if ARD completed
• Lower Costs: Generally less expensive than trial/conviction
• Shorter License Suspension: Much shorter than conviction suspension

PennDOT License Suspension

Two Types of Suspensions

Pennsylvania has two separate license suspensions:

1. Implied Consent Suspension (Administrative)

• Automatic suspension for refusing chemical test
• First refusal: 12 months
• Second refusal: 18 months
• Runs separately from court-imposed suspension
• No appeal to this suspension

2. Court-Imposed Suspension (Upon Conviction or ARD)

• Imposed by court upon conviction or ARD admission
• Length depends on tier and offense number (see tables above)
• Runs consecutively (not concurrently) with implied consent suspension

Occupational Limited License (OLL)

Pennsylvania offers Occupational Limited License for work purposes:

• When Available: After serving mandatory suspension period
• Mandatory Periods (cannot get OLL during):
  • 60 days (second offense)
  • 90 days (third+ offense)
• Eligibility: Employment-related need, ignition interlock installed (if required)
• Restrictions: Work, school, medical, court only (NOT pleasure driving)
• Cost: $68 restoration fee plus ignition interlock costs

Ignition Interlock Limited License

Alternative to full suspension (75 Pa.C.S. § 3805):

• Available for second+ offense or first offense High/Highest tier
• Allows driving anywhere (not just work) with IID installed
• Minimum 12-month IID requirement
• Cost: Installation $100-$200, monthly $75-$125
• All violations reported to PennDOT

Pennsylvania Implied Consent Law

75 Pa.C.S. § 1547 establishes implied consent:

What is Implied Consent?

By driving in Pennsylvania, you consent to chemical testing if arrested for DUI:

• Breath, blood, or urine test
• Officer chooses which test
• Must submit within 2 hours of arrest

Consequences of Refusal

• Civil Consequences:
  • 12-month license suspension (first refusal)
  • 18-month license suspension (second+ refusal)
  • Suspension has no appeal
• Criminal Consequences:
  • Charged under Highest BAC tier (same as 0.16%+)
  • Refusal admissible as evidence at trial
  • Mandatory minimum jail for second+ offense

Should You Refuse?

This is complex decision with no universal answer:

Reasons to Take Test:

• Avoid 12-month refusal suspension
• Avoid Highest tier sentencing
• Refusal creates bad impression with DA/judge
• Can still challenge test results

Reasons to Refuse:

• No BAC number for prosecution
• Harder for state to prove case beyond reasonable doubt
• BAC evidence is most powerful evidence against you

10-Year Lookback Period

Pennsylvania uses 10-year lookback (75 Pa.C.S. § 3803):

• How it works: Prior DUI counts as "second offense" if within 10 years
• Measured from: Offense date to offense date
• After 10 years: Prior DUI does NOT enhance penalties (treated as first offense)
• Example: DUI in 2015, DUI in 2026 = First offense penalties (more than 10 years)
• Lifetime Tracking: All DUI convictions remain on criminal record permanently

Special Circumstances and Enhanced Penalties

DUI with Minor Passenger (Age 14 or Under)

75 Pa.C.S. § 3803(b)(4):

• Second-degree misdemeanor (separate charge)
• Mandatory minimum 48 hours to 5 years jail
• Fine: $1,000-$10,000
• Ineligible for ARD
• Penalties run in addition to DUI penalties

DUI in School Zone

Enhanced penalties when DUI committed in active school zone

DUI Causing Injury

• Serious Bodily Injury: First-degree misdemeanor (up to 5 years)
• Great Bodily Injury: Third-degree felony (up to 7 years)

DUI Causing Death

75 Pa.C.S. § 3735:

• Homicide by Vehicle while DUI: Second-degree felony
• 3 to 10 years prison
• Fine up to $25,000
• 18-month license suspension minimum

Total Cost of First DUI in Pennsylvania

Your Rights During DUI Stop

During Traffic Stop

• You must: Provide driver's license, registration, and proof of insurance
• You have right to: Remain silent (don't have to answer questions)
• You do NOT have to: Answer "where are you coming from?" or "have you been drinking?"
• You do NOT have to: Perform field sobriety tests - VOLUNTARY in Pennsylvania
• You do NOT have to: Take preliminary breath test (PBT) at roadside - VOLUNTARY

After Arrest - Implied Consent Applies

• Officer must read DL-26 form (Implied Consent warnings)
• You must choose: Breath, blood, or urine test (officer decides which offered)
• Refusal = 12-month license suspension + Highest tier sentencing
• You have right to additional independent test (at your expense)

Frequently Asked Questions

What is Pennsylvania's three-tier DUI system?

Pennsylvania has three DUI tiers based on BAC: General Impairment (0.08-0.099%), High BAC (0.10-0.159%), and Highest BAC (0.16%+). Each tier has progressively harsher penalties. Chemical test refusal and Schedule I-III drugs are treated as Highest tier. This means a 0.09% BAC has much lighter penalties than 0.16% BAC.

What is ARD and am I eligible?

ARD (Accelerated Rehabilitative Disposition) is a pre-trial diversion program for first-time DUI offenders. Successful completion results in case dismissal and expungement eligibility. Generally eligible if: first DUI, no death/serious injury, no minor passenger, no CDL. District Attorney has discretion to approve or deny. ARD involves probation, license suspension (30-90 days depending on BAC), classes, and costs ($1,500-$3,000+) but avoids conviction and jail.

Can I refuse a breathalyzer in Pennsylvania?

Yes, but Pennsylvania's Implied Consent law triggers automatic 12-month license suspension for first refusal (18 months for second). Additionally, refusal means you're charged under Highest BAC tier (0.16%+) if convicted, resulting in harshest penalties including mandatory jail time for repeat offenses. Refusal can also be used against you at trial. This is a critical decision - consult attorney immediately.

How long does a DUI stay on my record in Pennsylvania?

DUI convictions remain on your criminal record permanently in Pennsylvania and cannot be expunged. For sentencing purposes, Pennsylvania uses 10-year lookback - prior DUI only enhances penalties if within 10 years. HOWEVER, if you complete ARD successfully, you can petition to expunge your arrest record. ARD expungement removes the entire case from your record as if it never happened.

Will I go to jail for first DUI in Pennsylvania?

Depends on BAC tier. General Impairment (0.08-0.099%) first offense typically results in probation with no jail time. High BAC (0.10-0.159%) has 48-hour to 6-month jail range. Highest BAC (0.16%+) and refusal have 72-hour to 6-month jail range. Courts often sentence house arrest or work release instead of incarceration for first offense. ARD program avoids jail entirely if completed successfully.

How much does a first DUI cost in Pennsylvania?

Total costs range $7,000-$27,000 including fines, attorney fees, ARD/court costs, classes, treatment, license restoration, ignition interlock (if required), and insurance increases. ARD program costs $1,500-$3,000 but is usually less expensive overall than conviction. Costs vary significantly by county, BAC level, and whether ARD is offered. Highest BAC tier and conviction have highest costs.

What is an occupational limited license in PA?

An Occupational Limited License (OLL) allows driving for work, school, medical, and court purposes during license suspension. Not available during mandatory suspension periods (60 days for second offense, 90 days for third+). Requires ignition interlock installation if offense requires IID. OLL does NOT allow pleasure driving or social activities. Alternative: Ignition Interlock Limited License allows driving anywhere with IID installed.