DUI Penalties:

You may not have to go to jail.  Click here for a Free Case Evaluation.  The new laws modified the Blood Alcohol Content (BAC) requirements for a DUI conviction, established penalties based on BAC and prior record, and, for the first time, applied criminal penalties to the refusal to submit to chemical testing.  The penalties for DUI are listed below.   However, The Morgan Law Firm has had a several successful outcomes helping folks avoid jail.

For the purpose of determining a prior offense, the court will look back ten years to determine if there is a prior offense.  A prior offense means "a conviction, adjudication of delinquency, acceptance of ARD or other form of preliminary disposition for [a violation of the DUI laws]"

Please note that the minimum sentences presented here are mandatory minimum sentences. The court may sentence the defendant to a sentence which is greater than the minimum, but in no case in excess of the maximum.  Therefore, it is important that you call 1-888-821-9446 to speak with me to discuss your options OR Click HERE for a Free Case Evaluation

FIRST TIER  (75 Pa.C.S.A. 3802(a) w/o accident, w/o Refusal)

   * First Offense

-   May be Eligible for ARD Program
-   No Right to a Jury Trial
-   Six Months Probation
-    $500.00 fine
-    Alcohol Highway Safety Course
-    Drug & Alcohol Assessment
-    Up to 150 hours of community service
-    NO license suspension

   * Second Offense

-   No Right to a Jury Trial
-   Minimum of 5 days and Maximum of 6 months in jail
-    $300 to $2500 fine
-    Alcohol Highway Safety Course
-    Drug & Alcohol Assessment
-    Up to 150 hours of community service
-    12 month license suspension

   * Third and Subsequent Offense

-   No Right to a Jury Trial
-   Minimum of 10 days and Maximum of 6 months in jail
-    $1000 to $5000 fine
-    Alcohol Highway Safety Course
-    Drug & Alcohol Assessment
-    Up to 150 hours of community service
-    18 month license suspension

SECOND TIER -  3802(a) w/ accident; 3802(b); or 3802(e)

   * First Offense

-    May be Eligible for ARD Program
-    No Right to a Jury Trial
-   Minimum if 48 hours in jail and maximum of 6 months
-    $500 to $5000 fine
-    Alcohol Highway Safety Course
-    Drug & Alcohol Assessment
-    Up to 150 hours of community service
-    12 month license suspension

   * Second Offense

-   Right to a Jury Trial
-   Minimum of 30 days and Maximum of 6 months in jail
-    $750 to $5000 fine
-    Alcohol Highway Safety Course
-    Drug & Alcohol Assessment
-    Up to 150 hours of community service
-    18 month license suspension

   * Third Offense

-   Right to a Jury Trial
-   Minimum of 90 days and Maximum of 1 year in jail
-    $1500 to $5000 fine
-    Alcohol Highway Safety Course
-    Drug & Alcohol Assessment
-    Up to 150 hours of community service
-    18 month license suspension

   * Fourth or Subsequent Offense

-   Right to a Jury Trial
-   Minimum of 1 year and maximum of 5 years in State Prison
-    $1500 to $10,000 fine
-    Alcohol Highway Safety Course
-    Drug & Alcohol Assessment
-    Up to 150 hours of community service
-   18 month license suspension

THIRD TIER:  Refusal; 3802(c); or 3802(d)


  * First Offense

-   May be Eligible for ARD Program
-   No Right to a Jury Trial
-   Minimum if 72 hours in jail and maximum of 6 months
-    $500 to $5000 fine
-    Alcohol Highway Safety Course
-    Drug & Alcohol Assessment
-    Up to 150 hours of community service
-    12 month license suspension

   * Second Offense

-   Right to a Jury Trial
-   Minimum of 90 days and maximum of 1 year in jail
-    $1500 to $5000 fine
-    Alcohol Highway Safety Course
-    Drug & Alcohol Assessment
-    Up to 150 hours of community service
-    18 month license suspension

   * Third Offense

-   Right to a Jury Trial
-   Minimum of 1 year and maximum of 5 years in State Prison
-    $2500 to $5000 fine
-    Alcohol Highway Safety Course
-    Drug & Alcohol Assessment
-    Up to 150 hours of community service
-    18 month license suspension

   * Fourth and Subsequent Offense

-   Right to a Jury Trial
-   Minimum of 1 year and maximum of 5 years in State Prison
-    $1500 to $10,000 fine
-    Alcohol Highway Safety Course
-    Drug & Alcohol Assessment
-    Up to 150 hours of community service
-    18 month license suspension