Updated November 2026.

I have been defending DUI cases in Pennsylvania and New Jersey for more than 35 years. The same questions come up in almost every first phone call. Here are straight answers to them, with the statute behind each one.

What should I do right after a DUI arrest?

• Do not discuss the case with anyone but a lawyer. That includes texts and social media.
• Write down everything you remember while it is fresh: where you were, what you drank or took and when, what the officer said, and what tests you were given.
• Keep every piece of paper you were handed.
• Watch your mail. Court dates and any PennDOT suspension notice arrive by mail, and the deadlines are short.
• Talk to a DUI lawyer before your preliminary hearing, not after.

What counts as DUI in Pennsylvania?

The DUI statute is 75 Pa.C.S. § 3802. You can be charged in several ways:

• General impairment. You drank enough that you could not drive safely, or your blood alcohol was .08% to under .10% within two hours of driving.
• High rate. A BAC of .10% to under .16%.
• Highest rate. A BAC of .16% or higher.
• Drugs. Any amount of a Schedule I drug or its metabolite in your blood, a Schedule II or III drug you were not prescribed, or impairment by any drug, alone or mixed with alcohol.

Lower limits apply to drivers under 21 (.02%) and to anyone driving a commercial vehicle (.04%).

What are the penalties for a first DUI?

They depend on the tier. These are the mandatory minimums in 75 Pa.C.S. § 3804 for a first offense with no prior.

Every tier also requires alcohol highway safety school and a drug and alcohol evaluation, with treatment if it is recommended. A general impairment case that involves a crash with injury or property damage is sentenced at the middle tier.

Will I go to jail for a first DUI?

For general impairment, the law requires probation, not jail. The two higher tiers carry a mandatory minimum of 48 or 72 hours unless the case is resolved another way. For most first offenders that other way is ARD.

What is ARD, and can I get it?

ARD stands for Accelerated Rehabilitative Disposition. It is a program for first offenders under 75 Pa.C.S. § 3807. You are supervised for 6 to 12 months, complete the classes and any treatment, and pay the costs. When you finish, the charge is dismissed and you can have the record expunged.

The license suspension in ARD is much shorter than after a conviction:

• BAC under .10%: no suspension.
• BAC of .10% to under .16%: 30 days.
• BAC of .16% or higher, a drug charge, no test result, or a crash with injury or property damage: 60 days.
• Under 21 at the time: 90 days.

You are not eligible if you had a DUI conviction or ARD within the past 10 years (with one narrow exception), if someone else was killed or seriously hurt, or if a passenger under 14 was in the car.

ARD is not a right. The District Attorney decides who is offered it, and every county sets its own policy. Those policies change. What your neighbor got two years ago in another county tells you little about your case today.

I had ARD before. Is a new arrest still a first offense?

No. Since December 22, 2025, a DUI within 10 years of completing ARD is its own crime, DUI following diversion, under 75 Pa.C.S. § 3802(h). It is sentenced at the second-offense level: a minimum of 5, 30, or 90 days in jail depending on the tier. I explain the law and the defenses in my post on DUI following diversion.

What about a second DUI?

A second offense within 10 years carries a mandatory minimum of 5 days in jail for general impairment, 30 days for the high rate, and 90 days for the highest rate, drugs, or refusal. The suspension is 12 months, or 18 months in the top tier.

What happens if I refused the breath or blood test?

Two separate things happen.

First, PennDOT suspends your license for 12 months under 75 Pa.C.S. § 1547. It is 18 months if you have a prior refusal suspension or a prior DUI. This suspension is a civil penalty. It applies even if you are never convicted of DUI, and restoring the license afterward can cost up to $2,000. You have only 30 days from the mailing date of the notice to appeal.

Second, in the criminal case, refusing a breath test puts you in the highest penalty tier if you are convicted. Blood is different. Under Birchfield v. North Dakota, 579 U.S. 438 (2016), the state cannot add criminal penalties for refusing a blood draw unless police had a warrant.

I have written more about chemical test refusals in Pennsylvania and when police pressure can invalidate a blood draw.

Can I be charged with DUI for marijuana or prescription medicine?

Yes. A drug DUI does not require proof that you drove badly if a prohibited substance or its metabolite is in your blood. Drug cases are sentenced at the highest tier. Marijuana law is changing quickly, so read whether a medical marijuana card helps in a DUI case.

Will I need an ignition interlock?

It depends on your tier and your record. Pennsylvania amended its interlock law in July 2026 (Act 36), and some of those changes take effect later. Ask about your own dates before you assume the old rules apply.

Can a DUI be beaten?

Sometimes. No honest lawyer will promise a result, but these are the places I look in every file:

• The stop. Did the officer have a lawful reason to pull you over or approach the car?
• The arrest. Was there probable cause? See whether the smell of alcohol alone is enough.
• The field tests. Were they given and scored the way officers are trained to do it?
• The chemical test. Was the blood drawn with valid consent or a warrant? Was it within two hours? Was the lab work done properly?
• The warnings. Were you read the correct refusal warnings?

What else can a DUI affect?

• Your right to own a firearm
• Mandatory jail if you drive while suspended for DUI
• A commercial driver's license, a professional license, or a job that requires driving
• Far more serious charges if someone is hurt or killed

I was arrested in New Jersey. Is it the same?

No. New Jersey DWI is a traffic offense with its own penalties, its own breath machine, and no ARD. I am admitted in both states. Start with my 2026 update on New Jersey DWI.

Do I really need a lawyer for a first DUI?

You are not required to have one. But the tier you are charged under, whether ARD is offered, and whether the suspension is zero days or a year are all decided early, and they are hard to undo. I cover this in Do I need a lawyer for a DUI? and Why you should hire an attorney for a first-offense DUI.

Paul M. Aaroe, II, the DUI GUY™, of Aaroe Law Offices, PC, defends DUI cases in the Lehigh Valley and eastern Pennsylvania, including Northampton, Lehigh, Monroe, Carbon and Montgomery Counties, and in New Jersey. Call (610) 559-7401. This post is general information, not legal advice.