First Offense DUI in Pennsylvania

A first DUI in Pennsylvania is generally charged as a misdemeanor, and the penalties depend on your blood alcohol level. At 0.08% to 0.099%, a first offense means six months of probation and a $300 fine with no license suspension. At 0.16% or higher, or in a drug or test-refusal case, it means at least 72 hours in jail, a $1,000 to $5,000 fine, and a 12-month suspension. Many first-time offenders qualify for ARD, which can end with the charge dismissed. Panighetti Law defends first DUI charges across Erie County.

Pennsylvania treats a DUI as a first offense when you have no prior DUI within the last 10 years. If you completed ARD for a DUI in that window, a new charge is handled differently under Act 58 of 2025 (see the ARD section below).

You can be charged with a first DUI in several ways:

• Impaired by alcohol at any BAC. If an officer believes alcohol made you incapable of driving safely, you can be charged with general impairment even without a 0.08% test result.
• A BAC of 0.08% or higher within two hours of driving.
• Drugs. Any amount of a Schedule I controlled substance, or a Schedule II or III drug not prescribed to you, or impairment from any drug, including a prescription.
• Lower limits for some drivers: 0.02% for drivers under 21 and school bus drivers, and 0.04% for commercial drivers.

Pennsylvania only uses the term DUI. Read more about the difference between DUI and DWI in Pennsylvania.

For a first offense, 75 Pa.C.S. § 3804 sets these mandatory minimums:

Every tier also requires alcohol highway safety school and a drug and alcohol evaluation, with any treatment the court orders. Drivers under 21 at 0.02% or more, and general impairment cases involving an accident with injury or property damage, are sentenced at the high BAC tier. For second and later offenses, see our Pennsylvania DUI penalties page.

Under Pennsylvania’s implied consent law, refusing a breath test, or a blood test the police have a warrant for, has two consequences. PennDOT suspends your license for 12 months on a first refusal, separate from the criminal case, and that suspension can apply even if you are found not guilty of DUI. If you are convicted, you are sentenced at the highest tier no matter what your BAC was.

For most first offenders, the main alternative to a conviction is Accelerated Rehabilitative Disposition (ARD). Admission is not automatic: the District Attorney decides whether to recommend you, and a judge must approve it. You complete conditions such as alcohol highway safety school, any recommended treatment, and a period of supervision. When you finish, the charge is dismissed and you can petition to have it expunged.

ARD usually means a shorter license suspension than a conviction: none below 0.10% BAC with no accident, 30 days from 0.10% to 0.159%, and 60 days at 0.16% or higher. An ARD suspension is eligible for PennDOT’s Ignition Interlock Limited License.

Treat ARD as a one-time opportunity. Under Act 58 of 2025, a new DUI within 10 years of completing ARD is charged as DUI following diversion and penalized like a second offense.

• General impairment: no license suspension for most first offenders.
• High or highest BAC: a 12-month suspension, then one year with an ignition interlock device before PennDOT restores an unrestricted license.
• Driving during a suspension: some drivers qualify for an Ignition Interlock Limited License for part of the suspension.
• Commercial drivers: a first DUI disqualifies a CDL for one year, even if you were driving your own car, and ARD counts the same as a conviction for CDL purposes.

1. Charges are filed. If your BAC result comes from a blood test, charges often arrive by mail weeks after the arrest.
2. Preliminary hearing. Most cases start before a Magisterial District Judge, who decides whether there is enough evidence to move forward.
3. Court of Common Pleas. The case then moves to the Erie County Court of Common Pleas, where ARD, a plea, or a trial is decided.
4. PennDOT. License suspensions come from PennDOT by separate notice, so watch your mail.

The earlier you talk to a lawyer, the more options you have, especially before you apply for ARD or enter any plea.

A first DUI is not automatically a conviction. The questions that often decide a case include:

• Whether the police had a lawful reason to stop you.
• Whether they had enough to arrest you based on what they observed.
• Whether field sobriety and breath tests were given properly.
• Whether a blood draw followed the required procedures and was taken within two hours of driving.

Justin Panighetti served as an Assistant District Attorney in Erie County from 2009 to 2015, so he knows how these cases are built and where they can fall apart.