PENALTIES FOR DRUNK DRIVING IN PENNSYLVANIA

Any person driving under the influence of alcohol to a degree which renders the person incapable of safe driving, and/or, while the amount of alcohol by weight in the blood is at or above the legal limit of .10% or .02% for a minor (the new legal limit when passed will be .08% or greater for an adult), shall be subject to the following penalties:

For the First Offense:

• Guilty of a misdemeanor of the second degree;
• Fine of not less than $300 and
• Minimum imprisonment of not less than 48 consecutive hours (ARD may be available at the discretion of the District Attorney in many counties)

For the Second Offense:

• Guilty of a misdemeanor of the second degree;
• Fine of not less than $300 and
• Minimum imprisonment of not less than 48 consecutive hours;
• Except that the minimum imprisonment shall be no less than 30 days if the person previously accepted ARD based on a previous drunk driving offense in Pennsylvania or an equivalent offense in another state within the previous seven years

For the Third Offense:

• Guilty of a misdemeanor of the first degree;
• Fine of not less than $300 and
• Minimum imprisonment of not less than 90 days if there are two previous offenses in Pennsylvania or an equivalent offense in another state within the previous seven years.

For the Fourth Offense:

• Guilty of a misdemeanor of the first degree;
• Fine of not less than $300 and
• Minimum imprisonment of not less than one year if there are three previous offenses in Pennsylvania or an equivalent offense in another state within the previous seven years