The statutes that control Pennsylvania DUI cases
DUI in Pennsylvania is defined by 75 Pa. Cons. Stat. § 3802, and the chemical-testing rules sit in 75 Pa. Cons. Stat. § 1547. Both are published in the official state code at legis.state.pa.us, which is the only version that governs — summaries elsewhere, including ours, can lag amendments.
Statutory text, definitions, BAC thresholds and sentencing ranges.
What refusing a breath, blood or urine test costs you.
Statute at a glance
Pennsylvania DUI law at a glance
Sourced from the Pennsylvania code and state agency sites. Verify current text before relying on it.
- Offense name
- DUI (Pennsylvania)
- Controlling statute
- 75 Pa. Cons. Stat. § 3802
- Implied consent
- 75 Pa. Cons. Stat. § 1547
- Per se BAC limit
- 0.08 (0.04 CDL, 0.02 or lower under 21)
- Prior-offense lookback
- 10 years
- First-offense fine
- $300–$5,000
- First-offense jail exposure
- up to 6 months
- Licence suspension
- 1 year
- Ignition interlock
- Not automatic on a first offense
- Trial court
- the Court of Common Pleas
A first general-impairment DUI may qualify for the ARD program instead of a conviction.
First-offense exposure under 75 Pa. Cons. Stat. § 3802: $300–$5,000, up to 6 months of jail exposure, and a 1 year licence suspension. A first general-impairment DUI may qualify for the ARD program instead of a conviction.
What 75 Pa. Cons. Stat. § 3802 actually says
- 75 Pa.C.S. § 3802(a)(1) — driving after imbibing alcohol to a degree that renders the individual incapable of safe driving.
- 75 Pa.C.S. § 3802(a)(2) — general impairment at a BAC of at least 0.08 percent within two hours of driving.
- 75 Pa.C.S. § 3802 — tiered provisions for the high and highest rate of alcohol, graded under § 3803.
- 75 Pa.C.S. § 3807 — the Accelerated Rehabilitative Disposition programme for DUI cases.
Charging documents cite the exact subsection, so check which one appears on your citation. The posted text on legis.state.pa.us carries an effective date — amendments passed after it are not yet reflected.
Pennsylvania ZIP codes covered
These Pennsylvania ZIP-code pages carry the local court, filing and licensing detail for the area, and each one links back to this resource page.
Counties and cities using these Pennsylvania resources
Counties
Other Pennsylvania official resources
Frequently asked questions
- What statute defines DUI in Pennsylvania?
- 75 Pa. Cons. Stat. § 3802 is the controlling DUI statute in Pennsylvania. You can read the current text on the official code site at legis.state.pa.us.
- What is the Pennsylvania implied-consent law?
- 75 Pa. Cons. Stat. § 1547 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DUI arrest.