Pennsylvania First Offense DUI Laws

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First DUI in PA
Being accused of a First Offense DUI in Pennsylvania can be a nerve-wracking experience. You likely have a number of questions about the possible DUI penalties:

  • Will I lose my license?
  • Will I go to jail?
  • How much will my fines be?
  • Will I have to attend traffic school?
  • Will the arrest go on my record?
  • Do I have to tell my job?

Free PA DUI Info (Easy to Understand Language)

First of all, understand that even though this is your first offense, it does not mean it’s “no big deal.” In fact, the 1st offense DUI charge is usually the one that can be defended the easiest. The government will almost certainly prosecute you. If you are convicted, the consequences will follow you forever. Let’s take a look at the laws and penalties of a DUI 1st in Pennsylvania if you are convicted.

First Offense DUI Penalties

If it is a drugged involved DUI case, there are special rules and considerations. For more on DUID cases, please see this article: Pennsylvania DUI Drugs or DUI-D Laws

For alcohol based prosecutions, the penalty of a First Offense DUI conviction in PA depends on how much alcohol was in your bloodstream. This is called the Blood Alcohol Concentration (BAC). The higher your BAC, the higher the penalties you can expect.

The State of Pennsylvania defines three tiers of impairment based on your BAC:

1. General Impairment

Criteria

  • BAC between .08 and .099%
  • Incapable of safe driving
  • No injury or property damage
  • Refusal to take a blood test

Penalties

  • Up to six months probation
  • No license suspension
  • No mandatory jail time
  • A fine of $300
  • Surcharges and court fees not typically less than $300
  • Treatment when ordered
  • DUI school
  • Typically ARD eligible
  • No ignition interlock

2. High Impairment

Criteria

  • BAC between .10 and 0.159%
  • Minor BAC .02 and 0.159%
  • General Impairment BAC with an accident
  • School Bus Driver with BAC between 0.02% and .159%
  • Commercial Vehicle with BAC between .04 and 0.159%

Penalties

  • Prison sentence of between two days and six months
  • License suspension for 12 months (interlock eligibility immediately)
  • Fines between $500 and $5,000
  • Surcharges and court fees not typically less than $300
  • Treatment when ordered
  • DUI school
  • Typically ARD eligible

3. Highest Impairment

Criteria

  • BAC of .16% or higher
  • Controlled substance DUI
  • Refusal to submit to a breath test or refusal to submit to a search warrant for blood

Penalties

  • Prison sentence of a minimum of three days to a maximum of six months
  • License suspension for 12 months (interlock eligibility immediately)
  • Fines between $1,000 and $5,000
  • Surcharges and court fees not typically less than $700
  • Treatment when ordered
  • DUI school
  • Typically ARD Eligible

Other Important Things to Know

  • A DUI conviction, even a first offense, goes on your permanent, public criminal record. That means future employers, landlords, lenders, and anyone with an interest in your past can see it. This definitely included your insurance company. Drivers convicted of DUI often see a marked increase in their car insurance rates and can be dropped by their insurance provider altogether.
  • What sort of costs you can expect in a DUI (including DUI Lawyer Costs)

Get an attorney right now

As you can see, the penalties of a First Offense DUI are no joke. If you find yourself accused of a First Offense DUI in Pennsylvania, the experienced DUI lawyers at The McShane Firm can help to minimize or eliminate the charges against you.

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