Mandatory Minimum Sentences for DUI Convictions in Pennsylvania

How PA DUI Law Determines Sentencing for DUI Convictions in PA

The penalties for being convicted of a DUI depend upon the

• amount of alcohol in your blood;
• any trace of a controlled substance found in your blood;
• damages and injuries caused by the DUI;
• presence of a minor in your car under the age of 18 at the time of the DUI;
• statements made by injured parties in court;
• very critically, the number of times you have been charged with a DUI.

Tiers of DUI Alcohol Impairment

PA DUI Law established Three Tiers of DUI Impairment determined by your Blood Alcohol Count (BAC).

1. General Impairment – BAC is between is .08 – .099 or if the driver refuses to take a chemical test. However, if the driver doesn’t agree to the chemical test, the penalties imposed are the same as for the Highest Rate.
2. High Rate (also referred to as Middle) – BAC is between .10 – .159.
3. Highest Rate (also referred to as High) – BAC is .16 or above or if tests detect any trace cannabinoids (marijuana) in the blood.

PA DUI Mandatory Minimum Sentences

Note that the Mandatory Minimum Sentences fall into ranges with significant levels of severity. It’s essential that you have our DUI Attorneys present to help you reduce the penalties as much as possible.

First Time DUI Offenders

• General Impairment
  (Note that most first-time offenders that fall into this category apply for Berks County’s DUI Accelerated Rehabilitation Disposition (ARD) Program. If the District Attorney accepts you and you successfully complete the ARD Program, avoid jail time; reduce the time the Court suspends your driver’s license, and have the Court remove the DUI Charge from your criminal record. The ARD Program is discussed further down on this page.)
  • Probation not to exceed six months;
  • $300 fine;
  • DUI  classes;
  • Alcohol Highway Safety School;
  • Drug and Alcohol Treatment if ordered by the Court;
  • No jail time;
  • No mandatory loss of your driver’s license.
• High Rate (Middle)
  • 48 hours of jail time followed by six months of parole;
  • One year suspension of your driver’s license;
  • Alcohol Highway Safety School;
  • Drug and Alcohol Treatment if ordered by the Court; and
  • Mandatory $500 fine or up to a $5,000 fine as determined by the Court;
• Highest Rate (High)
  • 72 hours of jail time followed by six months of parole;
  • One year suspension of your driver’s license;
  • Alcohol Highway Safety School;
  • Drug and Alcohol Treatment if ordered by the Court;
  • Mandatory $1,000 to $5,000 fine as determined by the Court.

Second Time Offenders

In Pennsylvania, the Court considers you as a DUI Second Offender if you had one prior DUI conviction that occurred within the past ten years including most DUI convictions in other states. Second Time Offenders may qualify for Berks County’s DUI Second Time Offenders Program. If you’re accepted and complete STOP, your penalties can be significantly reduced.

• General Impairment
  • Five days to six months in jail;
  • One year driver’s license suspension;
  • Alcohol Highway Safety School;
  • Drug and Alcohol Treatment if ordered by the Court;
  • Mandatory $300 up to a $2,500 fine as determined by the Court;
  • Install Ignition Interlock Systems on your vehicles.
• High Rate (Middle)
  • 30 Days to six months jail time;
  • One year driver’s license suspension;
  • Alcohol Highway Safety School;
  • Drug and Alcohol Treatment if ordered by the Court;
  • Mandatory $750 up to a $5,000 fine as determined by the Court; and
  • Install Ignition Interlock Systems on your vehicles.
• Highest Rate (High)
  • 90 Days to five years jail time;
  • 18-month driver’s license suspension;
  • Alcohol Highway Safety School;
  • Drug and Alcohol Treatment if ordered by the Court;
  • Mandatory $1,500 or higher fine as determined by the Court; and
  • Install Ignition Interlock Systems on your vehicles.
• Minor Passenger in Your Car at the Time of the DUI Arrest
  Combined with or in addition to the penalties above
  • One to six months jail time;
  • 18-month driver’s license suspension; and
  • Mandatory $2,500 fine or higher as determined by the Court.

Third Time Offenders

In Pennsylvania, the Court considers you to be a DUI Third Time Offender if you had two prior DUI convictions that occurred within the past ten years including most DUI convictions in other states. Third Time Offenders may qualify for Berks County’s DUI Treatment Court. If you’re accepted and complete STOP, your penalties can be significantly reduced.

• General Impairment
  • Ten days to two years in jail;
  • One year driver’s license suspension;
  • Alcohol Highway Safety School;
  • Drug and Alcohol Treatment if ordered by the Court;
  • Mandatory $500 up to a $5,000 fine as determined by the Court; and
  • Install Ignition Interlock Systems on your vehicles.
• High Rate (Middle)
  • 90 days to five years jail time;
  • 18-month driver’s license suspension;
  • Alcohol Highway Safety School;
  • Drug and Alcohol Treatment if ordered by the Court;
  • Mandatory $1,500 up to a $10,000 fine as determined by the Court; and
  • Install Ignition Interlock Systems on your vehicles.
• Highest Rate (High)
  • 90 Days to five years jail time;
  • 18-month driver’s license suspension;
  • Alcohol Highway Safety School;
  • Drug and Alcohol Treatment if ordered by the Court;
  • Mandatory $2,500 or higher fine as determined by the Court; and
  • Install Ignition Interlock Systems on your vehicles.
• Minor Passenger in Your Car at the Time of the DUI Arrest
  Combined with or in addition to the penalties above
  • Six months  to five years jail time;
  • 18-month driver’s license suspension; and
  • Mandatory $2,500 fine or higher as determined by the Court.

The Berks County DUI Defense Attorney you need is a phone call away. We can answer your questions. We’ll explain how the Mandatory Minimum DUI Sentencing affects your unique DUI.  Contact Us Online or call us at 610-670-9000 today.

Miller Law Group’s Berks County Law Offices are in West Lawn near Reading, PA.