DUI Defense
The following tables illustrate penalties for DUI offenses:
Chart 1: General Impairment penalties
General Impairment: .08-0.99% (3802(a))
1st offense
ungraded misdemeanor
no license suspension
up to 6 mos. probation
$300 fine
alcohol highway safety school
treatment when ordered
no ignition interlock
2nd offense
ungraded misdemeanor
5 days to 6 mos. prison
$300 - $2,500 fine
alcohol highway safety school
treatment when ordered
1 year ignition interlock
3rd or subsq. offense
2nd degree misdemeanor
12 mos. license suspension
10 days to 2 years prison
$500 - $5,000 fine
treatment when ordered
1 year ignition interlock
Chart 2: High BAC penalties
High Rate of Alcohol: .10-.159% (3802 (b))
1st offense
ungraded misdemeanor
12 mos. license suspension
OLL after 60-day suspension
48 cons. hrs. to 6 mos. prison
$500 - $5,000 fine
alcohol hwy. safety school treatment when ordered
ARD eligible
2nd offense
ungraded misdemeanor
12 mos. license suspension
30 days to 6 mos. prision
$750 - $5,000 fine
alcohol hwy. safety school
treatment when ordered
1 yr. ignition interlock
3rd or subsq. offense
1st degree misdemeanor
18 mos. license suspension
90 days to 5 yrs. prision
$1,500 - $10,000 fine
treatment when ordered
1 yr. ignition interlock
4th or subsq. offense
1st degree misdemeanor
18 mos. license suspension
1 to 5 yrs. prision
$1,500 - $10,000 fine
treatment when ordered
1 yr. ignition interlock
Chart 3: Highest BAC penalties
Highest Rate of Alcohol: .16% & above (3802 (c))
1st offense
ungraded misdemeanor
12 mos. license suspension
OLL after 60-day suspension
72 cons. hrs to 6 mos. prison
$1,000 - $5,000 fine
alcohol hwy. safety school
treatment when ordered
ARD elgible
2nd offense
1st degree misdemeanor
18 mos. license suspension
90 days to 5 yrs. prison
minimum $1,500 fine
alcohol safety school
treatment when ordered
1 yr. ignition interlock
3rd or subsq. offense
1st degree misdemeanor
18 mos. license suspension
1 to 5 yrs. prision
minimum $2,500 fine
treatment when ordered
1 yr. ignition interlock