- Three-tier DUI system: General Impairment (0.08–0.099%), High BAC (0.10–0.159%), Highest BAC (0.16%+)
- ARD available for first-offense DUI — most common ARD use in Pennsylvania
- Chemical test refusal treated as Highest BAC tier — same penalties as 0.16%+
- License suspension: 12 months (General/High first offense); 18 months (Highest or refusal first offense)
Pennsylvania's DUI law (75 Pa.C.S. § 3802) uses a three-tier system based on BAC level, with progressively more severe penalties at each tier. The lowest tier (General Impairment, 0.08–0.099%) has the lightest penalties; the middle tier (High BAC, 0.10–0.159%) has moderate penalties; the Highest BAC tier (0.16%+) has the most severe penalties. Chemical test refusal is treated as the Highest BAC tier — an automatic escalation that removes any benefit from refusing to test. ARD (Accelerated Rehabilitative Disposition) is available for first-offense DUI in most counties and is the most common way first-time DUI defendants avoid a conviction.
Pennsylvania DUI Tier System: Penalties by BAC Level
| Tier | BAC | First Offense | Second Offense |
|---|---|---|---|
| General Impairment | 0.08–0.099% | 6 months probation, no jail; $300 fine; 12-month license suspension | 5 days to 6 months jail; $300–$2,500 fine; 12-month suspension |
| High BAC | 0.10–0.159% | 48 hours minimum jail; $500–$5,000 fine; 12-month suspension | 30 days to 6 months jail; $750–$5,000 fine; 12-month suspension |
| Highest BAC | 0.16%+ or refusal | 72 hours minimum jail; $1,000–$5,000 fine; 18-month suspension | 90 days to 5 years jail; $1,500–$10,000 fine; 18-month suspension |
ARD for First-Offense DUI in Pennsylvania
First-offense DUI is the most common offense for which ARD is used in Pennsylvania. Most county DA offices accept first-DUI defendants into ARD, subject to eligibility criteria: typically no prior ARD or criminal record, no accident with injuries, BAC below certain levels for some programs, and no DUI involving a minor passenger. ARD program requirements for DUI typically include: DUI school/traffic safety course, alcohol evaluation and treatment, mandatory ignition interlock installation for the suspension period, fines and costs, and sometimes community service. Upon completion: the DUI charge is dismissed, the arrest record is expunged, and no DUI conviction appears on the record. ARD is typically more favorable than a first-offense conviction even at the General Impairment tier — though the license suspension consequences can be similar.
Implied Consent and Chemical Test Refusal
Pennsylvania's implied consent law (75 Pa.C.S. § 1547) requires submission to chemical testing (breath, blood, or urine) after a lawful DUI arrest. Refusal triggers: (1) license suspension of 12 months (first refusal) or 18 months (second refusal), regardless of whether a DUI conviction results; and (2) the refusal is treated as the Highest BAC tier for purposes of DUI penalties — so a refusal carries the same penalties as a 0.16%+ BAC. In Birchfield v. North Dakota (2016), the U.S. Supreme Court held that warrantless blood draws incident to arrest violate the Fourth Amendment, though warrantless breath tests are constitutionally permissible. Pennsylvania police can obtain blood draw warrants in DUI investigations after Birchfield. Refusing a blood draw pursuant to a warrant can create contempt issues; refusing a breath test is handled under the implied consent administrative penalties.
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