First-Offense DUI: What Happens Next in PA

For many first-timers, options like ARD may be available. We'll map penalties, deadlines, and next steps in your county.

By John Gentry, Esq. · Updated October 2026

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Understanding First-Offense DUI Penalties

Important: These are general penalty ranges. Your specific case may differ based on circumstances, BAC level, and whether you qualify for ARD or other alternatives.

CategoryLicenseFinesJail
General Impairment (.08-.099 BAC)No suspension$300No mandatory jail; 6 months mandatory probation
High BAC (.10-.159)12-month suspension$500-$5,00048 hours to 6 months
Highest BAC (.16+)12-month suspension$1,000-$5,00072 hours to 6 months

Important Deadlines

  • 30 days: Deadline to appeal a PennDOT suspension notice, such as a chemical test refusal suspension, to the Court of Common Pleas (counted from the mailing date of the notice)
  • ARD application: In Chester County you apply at the preliminary hearing; in Montgomery County, as soon as possible after it
  • First court date: Usually scheduled within 2-4 weeks of arrest
See If You Qualify for ARD

Not your first DUI? See second & third DUI penalties and defenses.

Need to drive during a license suspension? See ignition interlock and the work license.

First-offense penalties in refusal and drug cases

The table above covers alcohol cases. Two other first-offense situations are sentenced at the Highest tier: a DUI with a refusal of a breath test, or of a blood test under a valid search warrant, and a drug DUI under § 3802(d). Both carry at least 72 consecutive hours in jail and a $1,000 to $5,000 fine for a first offense (§ 3804(c)), and a refusal also brings a separate PennDOT suspension. Refusing a breath or blood test.

A first DUI is an ungraded misdemeanor with a maximum of six months in jail. If a child under 18 was in the car, it is a first-degree misdemeanor with extra penalties: a fine of at least $1,000 and 100 hours of community service (§ 3803, § 3804(c.1)).

From arrest to court: a first DUI step by step

  1. Arrest or summons. Many first DUI cases start with a summons in the mail rather than a night in jail.
  2. Preliminary hearing. It is held at the magisterial district court for the place of the stop. In Chester County, this is where you apply for DUI-ARD.
  3. CRN evaluation. Everyone convicted of DUI or offered ARD must first have a Court Reporting Network evaluation (§ 3816(a)). A full drug and alcohol assessment follows if the evaluation calls for one or, for example, if your BAC was 0.16% or higher.
  4. ARD or the regular court track. If you're accepted into ARD, you finish the program and the charges are dismissed. If not, the case goes to formal arraignment, pretrial motions and a plea or trial at the county courthouse.
  5. Your license. For a driver 21 or older with no child in the car, a first General Impairment conviction brings no suspension. At the High or Highest tier, a conviction brings 12 months, and ARD brings 30 or 60 days. A driver under 21 faces 12 months after a conviction and 90 days in ARD.
Call (610) 908-9562

Calls answered Mon–Fri, 9am–6:30pm; after-hours by appointment

John Gentry, Esq.John Gentry, Esq.

500+ criminal and DUI cases · Licensed since 2007

If you had ARD before

A new DUI may not be treated as a first offense if you completed ARD for a DUI in the last 10 years. Since December 22, 2025, that is charged as a separate offense under § 3802(h) and sentenced like a second offense, with at least five days in jail at the General Impairment tier (§ 3804(a)(2)). ARD is also unavailable for a new DUI within 10 years of an earlier DUI ARD or conviction, with a narrow exception for a prior first-offense general impairment conviction.

County guides

How We Help First-Time DUI Clients

Review the traffic stop, field tests, and chemical test procedures for errors
Evaluate ARD eligibility and guide you through the application process
Identify potential defenses and weaknesses in the prosecution's case
Negotiate for reduced charges or alternative sentencing when appropriate
Prepare you for each court appearance and deadline
Assist with license appeals and ignition interlock limited license applications

Example Outcomes

Results depend on facts and law. Past outcomes don't guarantee future results.

Case: High BAC (.14), No Accident

Outcome: Client admitted to ARD; completed program successfully; charges dismissed; record expunged after completion.

Case: General Impairment (.09), Traffic Stop Issues

Outcome: Challenged stop legality; negotiated reduced charge to reckless driving; avoided DUI conviction.

First-Offense DUI FAQs

ARD (Accelerated Rehabilitative Disposition) is a diversionary program for first-time offenders. If you complete ARD successfully, your charges can be dismissed and eventually expunged. State law generally rules out DUI ARD if you had a DUI conviction or DUI ARD in the past 10 years, if someone other than you was killed or seriously injured in a crash, or if a passenger under 14 was in the vehicle (75 Pa.C.S. § 3807). Beyond those statewide rules, the District Attorney in each county decides who is admitted, and some counties add their own rules about prior records and driving behavior. We'll evaluate your specific situation.

For first-offense DUI, jail time depends on your BAC level and whether you enter ARD. Many first-time offenders with lower BAC levels qualify for ARD and avoid jail entirely. Higher BAC cases may involve mandatory minimum sentences, but alternatives like house arrest or work release may be available.

It depends on your age, your BAC and what happened. For a driver 21 or older with no prior offense, no child under 18 in the car and no crash causing injury or property damage, a first offense at the General Impairment tier (0.08-0.099%) brings no license suspension, whether you are convicted or accepted into ARD. At the High and Highest tiers, a conviction brings a 12-month suspension, and ARD brings 30 days (High BAC) or 60 days (Highest BAC, drugs or an unknown BAC). A crash with injury or property damage changes the General Impairment result to a 12-month suspension after a conviction, or 60 days in ARD. A driver under 21 faces 12 months after a conviction and 90 days in ARD. A chemical test refusal brings a separate PennDOT suspension of 12 or 18 months. The occupational limited license (often called the bread-and-butter license) is not available for a DUI suspension. Instead, you can usually apply for an ignition interlock limited license, which lets you drive a vehicle equipped with an interlock device during the suspension.

No. A first DUI is a misdemeanor. Felony charges come from prior offenses or from separate crimes such as homicide by vehicle or aggravated assault by vehicle while DUI, when a crash kills or seriously injures someone.

Yes. Pennsylvania requires a Court Reporting Network (CRN) evaluation before sentencing or before ARD in every DUI case. In Montgomery County it is scheduled through the county DUI Unit and costs $100. In Chester County it is done through the Chester County DUI Program.

If you completed ARD for a DUI within the past 10 years, a new DUI is charged as a separate offense under 75 Pa.C.S. § 3802(h) and sentenced like a second offense. If it was longer ago, the dates and records matter, so have your old paperwork with you when you call.

Related reading

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Last Updated: October 2026