Pennsylvania’s Three-Tiered DUI System

PA categorizes DUI offenses into three tiers:

1. General Impairment: BAC 0.08–0.10
2. High Rate: BAC 0.10–0.159
3. Highest Rate: BAC 0.16+ and/or drugs

Mandatory Minimum DUI Penalties

Pennsylvania imposes mandatory minimum penalties based on your BAC and prior convictions.

First Offense DUI:

• BAC 0.08–0.099: ungraded misdemeanor, probation up to 6 months, and a $300 fine.
• BAC 0.10–0.159: ungraded misdemeanor, 48 hours–6 months jail, $500-$5,000 fine, 12-month license suspension
• BAC 0.16+: ungraded misdemeanor, 72 hours–6 months jail,  $1,000 – $5,000 fine, 12-month license suspension

Second Offense DUI (within 10 years):

• BAC 0.08–0.099: ungraded misdemeanor, 5 days–6 months jail, $300-$2,500 fine, 12-month license suspension
• BAC 0.10–0.159: ungraded misdemeanor, 30 days–6 months jail, $750- $5,000 fine, 12-month license suspension
• BAC 0.16+: a misdemeanor of the first degree, 90 days–5 years prison, $1,500–$10,000 fine, 18-month license suspension

Third Offense DUI (within 10 years):

• BAC 0.08–0.099: a misdemeanor of the first degree, 10 days–2 years jail, $500–$5,000 fine, 12-month suspension
• BAC 0.10–0.159: a misdemeanor of the first degree, 90 days–5 years prison, $1,500–$10,000 fine, 18-month license suspension.
• BAC 0.16+: felony of the third degree, 1–7 years prison, $2,500–$15,000 fine, 18-month license suspension

Fourth or More (within 10 years):

• BAC 0.08–0.099: a felony of the third degree, 10 days–7 years prison, $500–$5,000 fine, 18-month suspension
• BAC 0.10–0.159: a felony of the third degree, 1–7 years prison, $1,500–$10,000 fine, 18-month license suspension.
• BAC 0.16+: felony of the second degree, 1–10 years prison, $2,500–$25,000 fine, 18-month license suspension

Additional consequences: Ignition interlock device, alcohol/drug treatment, community service, and Alcohol Highway Safety School enrollment.

DUI Alternatives

• Accelerated Rehabilitative Disposition (ARD): May allow dismissal after completing probation, alcohol education, or treatment programs
• DUI Treatment Court (for repeat offenders): Combination of county jail, house arrest, and substance abuse programs

Costs Associated with DUI Charges

DUI cases can be expensive, depending on BAC, prior offenses, and case complexity. Common costs include:

• Traffic fines: $300–$10,000
• Vehicle tow & impound: $50–$175/day
• Legal fees: $2,000–$8,000+
• Alcohol evaluation: $325+
• ARD program: $100–$1,800
• Alcohol/drug education and treatment: $100–$1,000+
• License restoration: $76–$184
• Increased insurance premiums: ~$1,000/year

Why You Need an Erie DUI Defense Attorney

Pennsylvania DUI laws are complex and strict, and handling a case on your own is risky. Our attorneys at MP2 Placidi & Parini:

• Review every detail of your case
• Identify procedural errors or improper testing
• Explore diversion programs or alternative resolutions
• Negotiate for reduced charges or penalties
• Fight aggressively to protect your driving privileges, freedom, and future

Contact Us Today

If you’ve been charged with DUI in Erie County, do not wait. Call MP2 Placidi & Parini today for a free consultation. Our skilled Erie DUI attorneys are ready to review your case and help you navigate the legal system.

Yes, in many cases people charged with DUI in Pennsylvania may be eligible for the Accelerated Rehabilitative Disposition (ARD) program, which is designed for first-time, non-violent offenders. ARD allows you to complete certain requirements—such as alcohol highway safety school, community service, treatment, and probation.

If you successfully finish the ARD program:
• The DUI charge can be dismissed,
• You avoid a criminal conviction on your record, and
• You may be able to petition the court to expunge the arrest from your record.

However, not everyone qualifies. Eligibility is limited, and the District Attorney’s office has the final say on who is admitted. Factors such as prior offenses, accidents involving injuries, or very high blood alcohol levels may affect your chances.

An experienced DUI attorney can evaluate your case, guide you through the ARD application process, and advocate on your behalf to improve the likelihood of acceptance.

DUI/DWI FAQs:

What happens at the preliminary hearing for a DUI in Erie?

At a preliminary hearing for a DUI in Erie, the court does not decide guilt or innocence. Instead, the judge determines whether the Commonwealth has enough evidence to move the case forward to trial. Here’s what typically happens:

1. Charges are reviewed – The prosecutor will outline the DUI charges and present basic evidence, such as the reason for the traffic stop, field sobriety test results, or blood alcohol content (BAC) levels.
2. Police testimony – The arresting officer usually testifies about what happened during the stop and arrest.
3. Defense opportunity – Your defense attorney can cross-examine the officer, challenge weaknesses in the case, and sometimes negotiate with the prosecutor.
4. Possible outcomes – The judge may:
   • Hold the charges for trial,
   • Dismiss certain charges, or
   • In some cases, allow for reduced charges

Can I get into ARD to avoid a conviction?

Yes, in many cases people charged with DUI in Pennsylvania may be eligible for the Accelerated Rehabilitative Disposition (ARD) program, which is designed for first-time, non-violent offenders. ARD allows you to complete certain requirements—such as alcohol highway safety school, community service, treatment, and probation.

If you successfully finish the ARD program:

• The DUI charge can be dismissed,
• You avoid a criminal conviction on your record, and
• You may be able to petition the court to expunge the arrest from your record.

However, not everyone qualifies. Eligibility is limited, and the District Attorney’s office has the final say on who is admitted. Factors such as prior offenses, accidents involving injuries, or very high blood alcohol levels may affect your chances.

An experienced DUI attorney can evaluate your case, guide you through the ARD application process, and advocate on your behalf to improve the likelihood of acceptance.

Can breath or blood test results be challenged?

Yes. Breath and blood test results in a DUI case are not always accurate or reliable, and they can be challenged in court.  Typical challenges include: improper calibration or maintenance, errors in how the test was administered, chain of custody issues, and whether consent was voluntary.  

• Do I have to install ignition interlock—and for how long?

Whether you are required to have an ignition interlock installed and the length of time you are required to have it is determined by the DUI tier you are convicted of and how many prior DUI offenses you have in the last 10 years.  First time offenders with a high BAC or those who refuse chemical testing are typically required to install an ignition interlock.  Repeat DUI offenders almost always face an ignition interlock requirement, the length of time depending on prior offenses and circumstances.  

5. What if I’m charged with DUI drugs (prescription or marijuana)?

In Pennsylvania, DUI charges don’t just apply to alcohol. You can be arrested for driving under the influence of controlled substances, prescription medications, or marijuana—even if you have a valid prescription or a medical marijuana card.

Prescription drugs: If a medication impairs your ability to safely operate a vehicle, you can still face DUI charges, regardless of whether the prescription is legal.

Marijuana: Because marijuana remains illegal federally and Pennsylvania law does not set a “legal limit” for THC, any detectable amount of THC in your system is enough for prosecutors to pursue DUI charges regardless of whether you have a medical marijuana card.

6. How long does a DUI stay on my record?

In Pennsylvania, a DUI conviction is considered a permanent part of your criminal record—it does not automatically “drop off” after a certain number of years. That means it can show up on background checks for employment, housing, or professional licensing.

However, there are a few important points to know:

• ARD Program: If you are accepted into the Accelerated Rehabilitative Disposition (ARD) program and successfully complete it, your DUI charge may be dismissed and later expunged from your record.
• Second & Subsequent Offenses: For sentencing purposes, Pennsylvania uses a 10-year “lookback period.” That means a DUI older than 10 years typically won’t count against you if you’re charged again.
• Expungement & Pardons: Outside of ARD, a DUI conviction usually cannot be expunged unless you receive a Governor’s pardon.

Because the consequences are long-lasting, it’s important to fight a DUI charge from the start and explore alternatives like ARD to protect your future.