Pennsylvania · DUI

Pennsylvania DUI laws and penalties

Pennsylvania's legal BAC limit is 0.08%. For a first offense, Pennsylvania's statute provides jail of up to 6 months and a fine of $300. The license hearing, the ignition interlock rule and the statute behind every figure are below.

Figures read from official pages on Oct 26, 2026.

Legal BAC limit: 0.08%; Standard US limit
Enhanced penalty BAC: 0.10%; Where the penalties step up
Zero tolerance (under 21): 0.02%; Limit for drivers under 21
Lookback period: 10 years; Prior DUI offenses that count

License hearing: ask within 30 days

Pennsylvania has no administrative hearing for the suspension that follows a DUI conviction: appeal to the Court of Common Pleas within 30 days of the date PennDOT mails the notice. Count the days with the license-hearing window calculator.

Ignition interlock required in some cases

Higher BAC level. 0.10 starts the "high rate" tier (at least 48 consecutive hours in jail and a $500-$5,000 fine for a first offense); 0.16 or higher is the "highest rate" tier (72 hours; $1,000-$5,000).

Ignition interlock. None for a first offense at 0.08 to under 0.10; above that, or with a prior offense, required as a condition of restoring the license (one year).

Standard case is general impairment (0.08% to under 0.10%, § 3802(a)). At 0.10% to under 0.16% ('high rate', § 3804(b)) a first offense carries at least 48 consecutive hours' imprisonment and a $500-$5,000 fine, and at 0.16% or higher ('highest rate', § 3804(c)) at least 72 consecutive hours and $1,000-$5,000; a minor (under 21) at 0.02% or higher is sentenced under the high-rate tier. Pennsylvania has no administrative hearing for the conviction suspension: the driver appeals to the Court of Common Pleas within 30 days of the PennDOT notice.

01Penalties

Pennsylvania DUI penalties

Statutory ranges for standard DUI convictions (no accident, no minor in vehicle).

Pennsylvania statutory DUI penalties, first and second offense
Penalty	1st offense	2nd offense
Jail (minimum)	None	5 days
Jail (maximum)	6 months	6 months
Fine (minimum)	$300	$300
Fine (maximum)	$300	$2,500
License suspension	None	12 months

Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.

02Compare

How Pennsylvania compares

Of the 49 states with a confirmed BAC limit, 48 (Pennsylvania among them) use 0.08%; Utah has 0.05%.

On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Pennsylvania requires one in some cases.

The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Pennsylvania gives 30.

Pennsylvania and the states that border it, first-offense figures side by side
State	BAC limit	Hearing request	Interlock, first offense	Jail, first offense	Fine, first offense	License, first offense
Delaware	0.08%	15 days	Required	Up to 12 months	$500 to $1,500	12 months
Maryland	0.08%	10 days	Required	Up to 1 year	Up to $1,200	Revocation on 12 points; suspension of up to 6 months in lieu for an ignition interlock participant
New Jersey	0.08%	No fixed deadline	Required	Up to 30 days	$250 to $400	Until an ignition interlock device is installed
New York	0.08%	No fixed deadline	Required	Up to 1 year	$500 to $1,000	6 months minimum revocation
Ohio	0.08%	30 days	In some cases	3 days to 6 months	$565 to $1,075	1 to 3 years
Pennsylvania (this page)	0.08%	30 days	In some cases	Up to 6 months	$300	None
West Virginia	0.08%	No fixed deadline	In some cases	Up to 6 months	$100 to $500	6 months

Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.

03The process

How a DUI case moves through the system in Pennsylvania

The typical sequence, in general terms. Timing and details differ by county and by case.

Arrest and booking
Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Pennsylvania has no administrative hearing for the suspension that follows a DUI conviction: appeal to the Court of Common Pleas within 30 days of the date PennDOT mails the notice.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Pennsylvania's statute provides jail of up to 6 months and a fine of $300. See the penalties table above.

04Sources

Where Pennsylvania's figures come from

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.

75 Pa.C.S. § 3802 (palegis.us)Main statute · BAC limit, age 21 and over · Higher BAC level · BAC limit under 21 · Lookback period · Ignition interlock, first offense · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · First offense: license · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum · Second offense: license
PennDOT Driver's Manual ch. 4 (appeal of suspension or revocation); 75 Pa.C.S. § 1550(a) (pa.gov)License hearing request

Show the exact words behind each figure

Main statute

75 Pa. Cons. Stat. § 3802

75 Pa.C.S. § 3802

§ 3802. Driving under influence of alcohol or controlled substance. (a) General impairment.-- (1) 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

BAC limit, age 21 and over

0.08%

75 Pa.C.S. § 3802(a)(2)

(2) 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 alcohol concentration in the individual's blood or breath is at least 0.08% but less than 0.10% within two hours

Higher BAC level

0.10%

75 Pa.C.S. §§ 3802(b), (c), 3804(b), (c)

(b) High rate of alcohol.-- 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 alcohol concentration in the individual's blood or breath is at least 0.10% but less than 0.16%

BAC limit under 21

0.02%

75 Pa.C.S. § 3802(e)

(e) Minors.-- A minor 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 alcohol concentration in the minor's blood or breath is 0.02% or higher

Lookback period

10 years

75 Pa.C.S. § 3806(b)(1)(i)

3804 (relating to penalties), 3805 (relating to ignition interlock) and 3805.1 (relating to ignition interlock driver's license), the prior offense must have occurred: (i) within 10 years prior to the date of the offense for which the defendant is being sentenced;

License hearing request

30 days

PennDOT Driver's Manual ch. 4 (appeal of suspension or revocation); 75 Pa.C.S. § 1550(a)

You may appeal the suspension/revocation in the Court of Common Pleas (Civil Division) in your county of residence. The appeal must be filed within 30 days of the mailing date of the Department’s notice.

Ignition interlock, first offense

Required in some cases

75 Pa.C.S. § 3805(a), (a.1)

(a) General rule.-- Except as provided under subsection (a.1), if a person violates section 3802 ... and the person seeks a restoration of operating privilege, the department shall require as a condition of restoration that the following occur: (1) Any motor vehicle to be operated by the person is equipped with an ignition interlock device. ... (a.1) Exception.-- Subsection (a) shall not apply to a person who meets any of the following: (1) Is subject to the penalties under section 3804(a)(1) (relating to penalties) and has not had a prior offense as defined under section 3806

First offense: jail, minimum

None

75 Pa.C.S. § 3804(a)(1)

(1) 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; and (iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 ... and 3815 ... (2) For a second offense ... to: (i) undergo imprisonment for not less than five days;

First offense: jail, maximum

6 months

75 Pa.C.S. § 3803(a)(1)

(a) Basic offenses.-- Except as provided in subsections (b) and (c): (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

First offense: fine, minimum

$300

75 Pa.C.S. § 3804(a)(1)(ii)

(a) General impairment.-- Except as set forth in subsection (b) or (c), an individual who violates section 3802(a) (relating to driving under influence of alcohol or controlled substance) shall be sentenced as follows: (1) For a first offense, to: (i) undergo a mandatory minimum term of six months' probation; (ii) pay a fine of $300;

First offense: fine, maximum

$300

75 Pa.C.S. § 3804(a)(1)(ii)

Same passage as above.

First offense: license

None

75 Pa.C.S. § 3804(e)(2)(iii)

(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.

Second offense: jail, minimum

5 days

75 Pa.C.S. § 3804(a)(2)(i)

(2) 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, to: (i) undergo imprisonment for not less than five days; (ii) pay a fine of not less than $300 nor more than $2,500;

Second offense: jail, maximum

6 months

75 Pa.C.S. § 3803(a)(1)

(a) Basic offenses.-- Except as provided in subsections (b) and (c): (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

Second offense: fine, minimum

$300

75 Pa.C.S. § 3804(a)(2)(ii)

(2) 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, to: (i) undergo imprisonment for not less than five days; (ii) pay a fine of not less than $300 nor more than $2,500;

Second offense: fine, maximum

$2,500

75 Pa.C.S. § 3804(a)(2)(ii)

Same passage as above.

Second offense: license

12 months

75 Pa.C.S. § 3804(e)(2)(i)

(i) Except as provided for in subparagraph (iii), 12 months for an ungraded misdemeanor or misdemeanor of the second degree under this chapter.

05Related

MapUS DUI Arrest Rate MapEvery state as one tile, colored by DUI arrests per 100,000 residents.
CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.

Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.

Pennsylvania DUI laws at a glance