How long will my license be suspended for my Pennsylvania DUI?
In Pennsylvania, the penalties for a DUI are primarily based upon the tier level of the offense, the number of prior offenses, and whether the person is convicted or accepts ARD. There are three levels or tiers of penalties. For alcohol DUIs, the higher the blood alcohol level, the more severe the punishment. With a blood alcohol level of less than .10%, the charge is under the first tier and falls under 3802(a). With a blood alcohol level of more than .10% but less than .16%, the charge is under the 2nd tier and falls under 3802(b). With a blood alcohol level above .16%, the charge is in the third tier and falls under 3802(c). Drug-related charges are automatically in the highest tier of penalties and fall under 3802(d). If the driver was under 21 and have a blood alcohol level above a .02%, the charge is in the second tier and falls under 3802(e). If the person was driving a school bus with a blood alcohol concentration above a .02% or driving a commercial vehicle with a blood alcohol level above a .04%, the charges are in the second tier of penalties and fall under 3802(f). If a person refuses a breath test or refuses to submit to a valid search warrant for the withdrawal of blood, then the charge of 3802(a)(1) falls under the third tier.
First Offense DUI – License Suspension
1st Tier Charges 3802(a) no suspension
2nd Tier Charges 3802(b), (e), (f) 12 months
3rd Tier Charges 3802(c), (d), OR (a) with refusal 12 months
Second Offense DUI – License Suspension
1st Tier Charges 3802(a) 12 months
2nd Tier Charges 3802(b), (e), (f) 12 months
3rd Tier Charges 3802(c), (d), OR (a) with refusal 18 months
Third Offense or Subsequent DUIs – License Suspension
1st Tier Charges 3802(a) 12 months
2nd Tier Charges 3802(b), (e), (f) 18 months
3rd Tier Charges 3802(c), (d), OR (a) with refusal 18 months
People serving a DUI suspension may be eligible to obtain an Ignition Interlock Limited License (IILL) that would allow the person to drive. Such a license allows a person to drive anytime and anywhere. The only limitation is that the person can only drive a vehicle that is equipped with an interlock device.