DUI Penalty and Sentencing Guide

1st Offense

2nd Offense

3rd Offense

Subsequent Offense(s)

General Impairment Penalties

  • §3802(a)
  • BAC of .08% to .099%
  • individuals incapable of safe driving
    – Ungraded misdemeanor – No license suspension – Mandatory minimum of 6 months of incarceration – $300 fine – Alcohol Highway Safety School – CRN evaluation – A.R.D. eligible
    – Ungraded misdemeanor – 1 year license suspension – Mandatory minimum of 5 days of incarceration – Maximum of 6 months of incarceration – $300 – $2,500 fine – Alcohol Highway Safety School – CRN evaluation – 1 year Ignition interlock – House arrest / work release eligible
    – 2nd degree misdemeanor – 1 year license suspension – Mandatory minimum of 10 days of incarceration – Maximum of 2 years of incarceration – $500 – $5,000 fine – Alcohol Highway Safety School – CRN evaluation – 1 year Ignition interlock – House arrest / work release eligible
    – 2nd degree misdemeanor – 1 year license suspension – Mandatory minimum of 10 days of incarceration – Maximum of 2 years of incarceration – $500 – $5,000 fine – CRN evaluation – 1 year Ignition interlock – Work release eligible

High Rate of Alcohol

  • §3802(b)
  • BAC of .10% to .159%
  • Minors with .02% BAC
  • CDL drivers with .04% BAC
  • School bus / vehicle drivers with .04% BAC
    -Ungraded misdemeanor – 1 year license suspension – Mandatory minimum of 48 hours of incarceration – Maximum of 6 months of incarceration – $500 – $5,000 fine – Alcohol Highway Safety School – CRN evaluation – A.R.D. eligible – Flat Program eligible
    – Ungraded misdemeanor – 1 year license suspension – Mandatory minimum of 30 days of incarceration – Maximum of 6 months of incarceration – $750 – $5,000 fine – Alcohol Highway Safety School – CRN evaluation – 1 year Ignition interlock – House arrest / work release eligible
    – 1st degree misdemeanor – 18 months license suspension – Mandatory minimum of 90 days of incarceration – Maximum of 5 years of incarceration – $1,500 – $10,000 fine – Alcohol Highway Safety School – CRN evaluation – 1 year Ignition interlock – House arrest / work release eligible
    – 1st degree misdemeanor – 18 months license suspension – Mandatory minimum of 1 year of incarceration – Maximum of 5 years of incarceration – $1,500 – $10,000 fine – CRN evaluation – 1 year Ignition interlock – Work release eligible

Highest Rate of Alcohol

  • §3802(c)
  • BAC of .16% and above
  • Minimum levels of controlled substances in blood
  • Individuals who refused chemical tests
    -Ungraded misdemeanor – 1 year license suspension – Mandatory minimum of 72 hours of incarceration – Maximum of 6 months of incarceration – $1,000 – $5,000 fine – Alcohol Highway Safety School – CRN evaluation – A.R.D. eligible – Flat Program eligible
    – 1st degree misdemeanor – 18 months license suspension – Mandatory minimum of 90 days of incarceration – Maximum of 5 months of incarceration – $1,500 fine – Alcohol Highway Safety School – CRN evaluation – 1 year Ignition interlock – House arrest / work release eligible
    – 1st degree misdemeanor – 18 months license suspension – Mandatory minimum of 1 year of incarceration – Maximum of 5 years of incarceration – $2,500 fine – CRN evaluation – 1 year Ignition interlock
    – 1st degree misdemeanor – 18 months license suspension – Mandatory minimum of 1 year of incarceration – Maximum of 5 years of incarceration – $2,500 fine – CRN evaluation – 1 year Ignition interlock
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