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State Laws - Pennsylvania

Situation Imprisonment License Suspension Refusing BAC Test from Police Fines Ignition Interlock Device Required
1st Offense No minimum jail time required No 1 year license suspension $300 Yes, if refusal to take chemical test
2nd Offense 5 days to 6 months 12 months 18 month license suspension $300 to $2,500 Yes, during period of restricted license
3rd Offense 10 days to 2 years 12 months 18 month license suspension $500 to $10,000 Yes, during period of restricted license


Category Illegal When
Under 21 BAC of 0.02% or higher
21 or older BAC of 0.08% or higher


* If one has committed a DUI offense in Pennsylvania, he/she will need to apply for an Occupational Limited License (OLL) as well as submit the following to the Pennsylvania department of Transportation:

  • DL-15 form for OLL petition and associated application fees.
  • Proof of insurance.
  • Serve jail time from 5 days to 5 years (does not apply to 1st DUI offense).
  • Pay DUI fines ranging from $300 to $10,000 depending on prior DUI offenses.
  • Pay restoration fees (does not apply to 1st DUI offense).
  • Proof of participating in the alcohol treatment program, if ordered by the court.
  • Complete the requirements outlined by the Pennsylvania Department of Transportation (does not apply to 1st DUI offense).
  • Fax DL-21 form to the ignition interlock department (does not apply to 1st DUI offense).
  • Install an ignition interlock device from a Pennsylvania state approved provider (does not apply to 1st DUI offense).

* Note the following information only applies for drivers over the age of 21.

For more information, please contact the PA DUI Association.

Disclaimer: While we try to keep information up to date and relevant on our website, we recognize that there are other factors that can affect the way laws will apply to individual cases. Always consult with your attorney, local courts, judges and district attorneys for all relevant legal information.


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