What to Expect After a First DUI Offense in Pennsylvania

Updated November 26, 2024

While every Pennsylvania DUI case is different, anyone facing their first DUI offense should go into the process with a basic idea of what they’ll be facing. So, what happens when you get a DUI in PA on your first offense? Below, we’ll provide general information about dealing with a DUI in Pennsylvania and what you can expect to happen.

Overview of First Time DUI Laws in Pennsylvania

What Is Considered a DUI in Pennsylvania?

Pennsylvania law defines a DUI as follows:

• “An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.”

Note that you don’t have to be driving at the time to have “actual physical control” of your vehicle. The law also goes on to note that being impaired by controlled substances (including cannabis) can also qualify as a DUI.

Blood Alcohol Content (BAC) Levels in Pennsylvania

Under Pennsylvania law, DUI is divided into three tiers, based on your BAC as determined by breathalyzer or blood draw. The higher your BAC, the more strict the penalties will be. According to the Pennsylvania DOT, the tiers are:

• General Impairment (BAC .08% to .099%)
• High BAC (BAC .10% to .159%)
• Highest BAC (BAC .16% and above)

Note that if you refuse to take a breathalyzer or blood test, or an officer determines you to be under the influence of a controlled substance, you may be placed in the “Highest BAC” category.

Penalties for a DUI in Pennsylvania On First Offense

While a first-time DUI is not a felony in Pennsylvania, the penalties you’ll face can still be a significant disruption in your life. Here, we’ll take a quick look at some of the main penalties for a first DUI in PA.

Fines and Monetary Penalties

Fines can vary widely depending on your BAC, the circumstances of your arrest, and other factors. The State of Pennsylvania lists some of the costs you can expect to face after a DUI, which typically include (among others):

• Traffic fines, starting at $300 and up to $5,000 for the highest BAC
• Towing fees up to $500 and vehicle impound fees up to $175 per day
• Attorney fees of $2,000 and up
• Alcohol evaluation, education, and treatment fees of up to $1,000
• $76 license restoration fee

Jail Time

According to the Pennsylvania DOT, for someone with no prior DUI offenses and whose BAC is in the lowest tier, a DUI may come with up to six months’ probation, but usually no jail time unless aggravating factors are present (such as an accident or a minor riding in the vehicle). If your BAC was in the High tier and you have no prior DUI offenses, you could face between 48 hours and six months in jail, and in the Highest tier with no prior DUI offenses, the minimum jail time increases to 72 hours.

License Suspension or Revocation

If your BAC is in the High or Highest range and you have no prior DUI offenses, the court may suspend your license for 12 months. Drivers with a lower BAC with no prior DUI offenses may be able to avoid having their license suspended.

However, in all three tiers, you’ll be required to install an Ignition Interlock Device on your vehicle. This device requires the driver to provide a breath test sample below a predetermined standard in order to start the vehicle engine. We’ll talk more about Ignition Interlock Devices under “Reinstating Your Driver’s License” below.

Diversion Programs and ARD

Pennsylvania courts offer a program called Accelerated Rehabilitative Disposition (ARD) that’s designed to give first-time offenders the chance to rehabilitate themselves. The court will require you to fulfill various conditions, usually including taking drug and alcohol education classes and performing community service. Completing the ARD conditions makes you eligible to have your DUI charge expunged from your criminal record.

To be eligible for ARD, you usually cannot have participated in an ARD program within the past ten years, and your arrest can’t involve any aggravating factors like minors in the vehicle or an accident with injuries. Whether or not you are eligible for ARD depends on the prosecutor’s discretion, and factors like BAC can also affect whether ARD is an option for you. Your lawyer can advise you if you are likely to qualify for ARD and can guide you through completing and filing your application for the program.

Impact of a First-Time DUI on Insurance in Pennsylvania

Pennsylvania SR-22 Insurance Requirements

In many states, drivers with a DUI have to obtain a special insurance certificate called an SR-22, but it may not be required in Pennsylvania. However, it’s still important to check which insurance PennDOT requires you to carry. That said, you should be ready to pay significantly higher insurance costs after a DUI, since most insurance companies will raise your rates once you are convicted.

Recovering from a First-Time DUI in Pennsylvania

Reinstating Your Driver’s License

If your license has been suspended for a first-time DUI offense in Pennsylvania, Pennsylvania DUI laws may offer you the option to maintain your driving privileges if you install an Ignition Interlock Device on your vehicle. For a first offense, one year with an Interlock Device is a common requirement. Note that the Interlock Device must be installed on all vehicles you own or lease.

Once you’ve completed any court-ordered requirements, you can apply to have your driver’s license reinstated by the Pennsylvania DOT. The conditions to have your license restored are different for every driver, so you’ll need to access your restoration requirements letter through the Pennsylvania DOT website. If you don’t access your letter through the website, the DOT will mail you a copy of the letter 30 days before you become eligible to have your license restored.

The conditions of reinstatement will often include education or rehabilitation programs, community service, and paying fines or restitution. Once you’ve completed the conditions, follow the letter’s instructions for how to apply for license reinstatement.

If you’re facing your first DUI in Pennsylvania, finding an affordable, common-sense Ignition Interlock solution is a high priority. It’s easy to get started — contact our Program Advisors today to get a free consultation and set up your quick and easy appointment with a trained installer at a Smart Start location near you.