DUI FAQs

As a general rule, the more rural the county the more harshly they will view a charge of Driving Under the Influence. This dynamic in and of itself can significantly increase your risk of receiving a sentence of incarceration.

Accelerated Rehabilitative Disposition (ARD) is available to Defendants with minimal or no prior record. This program allows a charge of Driving Under the Influence to be expunged upon completion of probation. The program generally consists of a period of probation along with other sanctions and treatment options depending on the facts and circumstances of your individual case. However, if you are not eligible for the ARD program, it is quite possible, depending on the County in which you were charged, you may be facing a period of incarceration. Also keep in mind that ARD is generally a one-time opportunity: under Act 58 of 2025, a new DUI within 10 years of completing ARD is penalized like a second offense.

The most common defense to a charge of Driving Under the Influence is a challenge to the legality of some aspect of your case. In most instances, this comes in the form of a challenge to the stop, search, or arrest by law enforcement. If law enforcement improperly stopped, searched, or arrested you, that can be a bar to their prosecution.

In some instances, the suspension can place your job at risk. Also, due to the financial and everyday stress of having someone drive you around, your relationships with any significant other or even children can be negatively impacted. Sometimes significantly. Suspensions relating to DUI offenses in Erie PA can range from none at all (in very few circumstances) all the way to multiple years depending on how many prior offenses a person has and the specific facts and circumstances of their case.

Not at the lowest tier. A first DUI at 0.08% to 0.099% BAC carries six months of probation and a $300 fine, with no jail. A first offense at 0.10% to 0.159% carries at least 48 hours, and at 0.16% or higher, or with drugs or a test refusal, at least 72 hours. ARD avoids jail entirely. See first offense DUI in Pennsylvania.

It depends on your BAC and your record. Most first offenders at the general impairment tier keep their license. A first offense at the high or highest tier brings a 12-month suspension followed by one year with an ignition interlock device, and refusing a breath or blood test brings a separate 12-month suspension. Repeat offenses carry 12 to 18 months.

Generally, no. You are not eligible for ARD on a DUI if you had a DUI conviction or accepted ARD for a DUI within the past 10 years. 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. Learn more about the Pennsylvania ARD program.

Most DUIs are misdemeanors. A third offense within 10 years at the highest tier (BAC 0.16% or higher, drugs, or a test refusal) is a third-degree felony. A fourth offense is a third-degree felony at the lower tiers and a second-degree felony at the highest tier. A DUI that causes serious injury or death can also lead to separate felony charges. Read more about felony DUI in Pennsylvania.

Sometimes. A charge can be dismissed after you complete ARD, and evidence can be thrown out if the traffic stop, testing, or arrest was not handled lawfully. Whether either applies depends on the facts of your case, which is why it matters to have a lawyer review the stop and the test results early. See police mistakes that could get your charges dismissed.

No. Roadside field sobriety tests, including the handheld preliminary breath test, are voluntary, and Pennsylvania’s implied consent law does not cover them. Implied consent applies to the chemical breath or blood test requested after a DUI arrest. Refusing that test brings a license suspension and highest-tier penalties if you are convicted. See what if you failed a field sobriety test.

Yes, if police follow the guidelines set by the Pennsylvania Supreme Court in Commonwealth v. Tarbert and Commonwealth v. Blouse. Those require advance approval, a location chosen for a documented reason, brief stops, and an objective system for deciding which cars to stop. If a checkpoint did not substantially follow those rules, evidence from it can be suppressed. Read more about Pennsylvania sobriety checkpoints.

PennDOT estimates that leasing an ignition interlock system costs about $1,200 for a year. Installation, monthly calibration, and removal fees vary by vendor. Drivers with income below 200% of the poverty level can apply for a hardship exemption that limits the device to one vehicle. See the cost of ignition interlock devices.

A passenger who is not driving or in control of the vehicle cannot be charged with DUI. Passengers can still be cited under Pennsylvania’s open container law, which bars drivers and passengers from having an open alcoholic drink in the vehicle on a highway. A person sitting intoxicated in the driver’s seat with the engine running can be charged, because the law covers being in actual physical control of a vehicle. See DUI passenger laws in Pennsylvania.

Yes. Any amount of a Schedule I controlled substance in your blood, including marijuana, or its metabolite, can support a DUI charge even without signs of impairment. For Schedule II or III drugs that were not prescribed to you, the same applies. A legal prescription can still lead to a DUI if it impairs your ability to drive safely. See marijuana DUI charges and prescription drug DUIs.

0.02% BAC. Drivers under 21 at 0.02% or higher can be charged with DUI and are sentenced at the high BAC tier, which means at least 48 hours in jail and a 12-month license suspension for a first offense. The limit is 0.04% for commercial drivers and 0.08% for most other adults.

A DUI conviction generally cannot be expunged and stays on your criminal record, with only very limited exceptions. A DUI charge resolved through ARD can be expunged after you complete the program, which is one of the main reasons first offenders pursue it. See am I going to have a record?

If your case involves a blood test, charges are often filed weeks after the arrest and mailed to you as a summons. You can also search the Pennsylvania courts’ UJS Portal by your name to see whether a case has been filed. Do not ignore a summons, since missing a hearing can lead to a bench warrant.

Yes. Pennsylvania is a member of the Driver License Compact, so a DUI conviction in another member state is reported to PennDOT and treated as if it happened in Pennsylvania for license purposes. Read more about out-of-state DUIs.