DUI Mandatory Minimums
A charge of driving under the influence can carry a wide range of penalties depending on the blood alcohol content level and whether this is a repeat offense. Almost all DUI offenses carry a mandatory minimum prison sentence, but there are often programs available that can either eliminate the prison sentence or provide for an alternative, such as house arrest or work release.
The conditions, requirements, and benefits of these programs vary from county to county and that is why it is important to have an experienced attorney working for you; someone who can help you navigate through the process and avoid the pitfalls that might make you ineligible for these programs.
Some counties require you to waive certain hearings or to meet immediate deadlines, and that’s why you should contact an attorney immediately.
Below is a chart showing the standard sentence requirements for DUI cases in Pennsylvania.
| First Offense (DUI/Drunk Driving) |
| Blood Alcohol Content |
0.08 – .099% |
0.10 – .159% |
0.16% and above |
| Minimum Sentence |
n/a |
2 days |
3 days |
| Maximum Sentence |
n/a |
6 months |
6 months |
| License Suspension |
n/a |
12 months |
12 months |
| Second Offense (DUI/Drunk Driving) |
| Blood Alcohol Content |
0.08 – .099% |
0.10 – .159% |
0.16% and above |
| Minimum Sentence |
5 days |
30 days |
90 days |
| Maximum Sentence |
6 months |
6 months |
5 years |
| License Suspension |
12 months |
12 months |
12 months |
| Third Offense (DUI/Drunk Driving) |
| Blood Alcohol Content |
0.08 – .099% |
0.10 – .159% |
0.16% and above |
| Minimum Sentence |
10 days |
90 days |
1 year |
| Maximum Sentence |
2 years |
5 years |
5 years |
| License Suspension |
12 months |
18 months |
18 months |
| Fourth and Subsequent Offense (DUI/Drunk Driving) |
| Blood Alcohol Content |
0.08 – .099% |
0.10 – .159% |
0.16% and above |
| Minimum Sentence |
10 days |
1 year |
1 year |
| Maximum Sentence |
2 years |
5 years |
5 years |
| License Suspension |
12 months |
18 months |
18 months |
