Recently, Governor Wolf signed dozens of bills into law. Among them was House Bill 773 which increases DUI penalties in certain situations. The bill named “Deana’s Law” was passed in remembrance of Deana DeRosa Eckman who was killed by a drunk driver who had five previous DUI convictions.
The law goes into effect on November 8, 2022 and makes the following changes:
- Any sentence imposed on a driver who has two or more prior offenses will be served consecutively.
- A fourth DUI Offense:
- at the Highest Rate (BAC over 0.16),
- that involves Controlled Substances,
- or in which the driver refused a breath test or blood test pursuant to a warrant
will be graded as a Felony of the Second Degree.
- A driver who refused a breath test or blood test pursuant to a warrant and has four or more prior offenses, will be subject to sentencing enhancement.
Keep in mind, a felony carries many consequences beyond jail time and license suspension. Please see: Pennsylvania Felony Consequences for more details.
The penalty charts below show how DUI penalties will look after the new changes. The November 8th changes are in red.
First Offense DUI Penalties
1. General Impairment
Criteria
- BAC between .08 and .099%
- Incapable of safe driving
- No injury or property damage
- Refusal to take a blood test
Penalties
- Up to six months probation
- No license suspension
- No mandatory jail time
- A fine of $300
- Surcharges and court fees not typically less than $300
- Treatment when ordered
- DUI school
- Typically ARD eligible
- No ignition interlock
2. High Impairment
Criteria
- BAC between .10 and 0.159%
- Minor BAC .02 and 0.159%
- General Impairment BAC with an accident
- School Bus Driver with BAC between 0.02% and .159%
- Commercial Vehicle with BAC between .04 and 0.159%
Penalties
- Prison sentence of between two days and six months
- License suspension for 12 months (interlock eligibility immediately)
- Fines between $500 and $5,000
- Surcharges and court fees not typically less than $300
- Treatment when ordered
- DUI school
- Typically ARD eligible
3. Highest Impairment
Criteria
- BAC of .16% or higher
- Controlled substance DUI
- Refusal to submit to a breath test or refusal to submit to a search warrant for blood
Penalties
- Prison sentence of a minimum of three days to a maximum of six months
- License suspension for 12 months (interlock eligibility immediately)
- Fines between $1,000 and $5,000
- Surcharges and court fees not typically less than $700
- Treatment when ordered
- DUI school
- Typically ARD Eligible
Second Offense DUI Penalties
1. General Impairment
Criteria
- B.A.C. between .08 and .099%
- No property damage or injury
- Incapable of safe driving
- Refusal to take a blood test
Penalties
- Between five days and six months prison sentence
- License suspension for 12 months (interlock eligible after 6 months served)
- Fines between $300 and $2,500
- Surcharges and court fees not typically less than $300
- Treatment when ordered
- ARD possible under limited circumstances
- DUI (MOP) School
- 1 year interlock
2. High Impairment
Criteria
- BAC between .10 and 0.159%
- Minor B.A.C.= .02 to .159%
- General BAC with an accident or injury
- School Bus Driver with BAC between 0.02% and .159%
- Commercial Vehicle with BAC between .04 and 0.159%
Penalties
- Prison time ranging from 30 days to six months
- License suspension for 12 months (interlock eligible after 6 months served)
- Fines between $750 and $5,000
- Surcharges and court fees not typically less than $400
- Treatment when ordered
- DUI (MOP) school
- 1 year interlock
3. Highest Impairment
Criteria
- BAC of .16% or higher
- Controlled substance DUI
- Refusal to submit to a breath test or refusal to submit to a valid search warrant for blood
Penalties
- Misdemeanor of the First Degree
- Between 90 days and five years in prison
- License suspension for 18 months (interlock eligible after 9 months served)
- Fines of $1,500 to $10,000
- Surcharges and court fees not typically less than $700
- Treatment when ordered
- DUI (MOP) school
- 1 year interlock
Third Offense DUI Penalties
1. General Impairment
Criteria
- B.A.C. between .08 and .099%
- No property damage or injury
- Incapable of safe driving
- Refusal to take a blood test
Penalties
- Misdemeanor of the Second Degree
- Prison sentence of 10 days to 2 years. Sentence to be served consecutively to any other sentence.
- License suspension for 12 months (interlock eligible after 6 months served)
- Fines between $500 and $5,000
- Surcharges and court fees not typically less than $600
- Treatment when ordered
- DUI School
- 1 year interlock
2. High Impairment
Criteria
- BAC between .10 and 0.159%
- General BAC with an accident or injury
- School Bus Driver with BAC between 0.02% and .159%
- Commercial Vehicle with BAC between .04 and 0.159%
- Minor B.A.C.= .02 to .159%
Penalties
- Misdemeanor of the First Degree
- Prison sentence of 90 days to 5 years. Sentence to be served consecutively to any other sentence.
- License suspension for 18 months (interlock eligible after 9 months served)
- Fines between $1,500 to $10,000
- Surcharges and court fees not typically less than $600
- Treatment when ordered
- DUI School
- 1 year interlock
3. Highest Impairment
Criteria
- BAC of .16% or higher
- Controlled substance DUI
- Refusal to submit to a breath test or refusal to submit to a valid search warrant for blood
Penalties
- Felony of the Third Degree
- 1 year mandatory minimum and a maximum sentence of up to 7 years in prison. Sentence to be served consecutively to any other sentence.
- License suspension for 18 months (interlock eligible after 9 months served)
- Fines up to $15,000
- Surcharges and court fees not typically less than $1,000
- Treatment when ordered
- DUI School
- 1 year interlock
Fourth and Subsequent DUI Offenses
1. General Impairment
Criteria
- B.A.C. between .08 and .099%
- No property damage or injury
- Incapable of safe driving
Penalties
- Felony of the Second Degree
- Prison sentence of 5 to 10 years. Sentence to be served consecutively to any other sentence.
- License suspension for 18 months (Interlock available after 9 months)
- 1 year interlock
- Fines up to $25,000
- DNA sampling and placed into FBI database forever
- Various fees and costs not less than $5000
2. High Impairment
Criteria
- BAC between .10 and 0.159%
- General BAC with an accident or injury
- School Bus Driver with BAC between 0.02% and .159%
- Commercial Vehicle with BAC between .04% and 0.159%
- Minor B.A.C.= .02% to .159%
Penalties
- Felony of the Second Degree
- Prison sentence of 5 to 10 years. Sentence to be served consecutively to any other sentence.
- License suspension for 18 months (Interlock available after 9 months)
- 1 year interlock
- Fines up to $25,000
- DNA sampling and placed into FBI database forever
- Various fees and costs not less than $5000
3. Highest Impairment
Criteria
- BAC of .16% or higher
- Controlled substance DUI
- Refusal to submit to a breath test or refusal to submit to a valid search warrant for blood
Penalties
- Felony of the Second Degree
- Prison sentence of 5 to 10 years. Sentence to be served consecutively to any other sentence.
- License suspension for 18 months (Interlock available after 9 months)
- 1 year interlock
- Fines up to $25,000
- DNA sampling and placed into FBI database forever
- Various fees and costs not less than $5000
Fifth and Subsequent DUI Offenses with a Refusal
The following chart shows the mandatory minimum, the fines, costs and other punishments that happen when there is a conviction for a DUI 3rd as a Felony:
Refusal of Chemical Test
Criteria
- Refusal to submit to a breath test or refusal to submit to a valid search warrant for blood
Penalties
- Felony of the Second Degree with Sentencing Enhancement.
- Prison sentence of 5 to 10 years. Sentence to be served consecutively to any other sentence.
- License suspension for 18 months (Interlock available after 9 months)
- 1 year interlock
- Fines up to $25,000
- DNA sampling and placed into FBI database forever
- Various fees and costs not less than $5000
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