First DUI Offense

A first DUI charge in Pennsylvania can affect your license, employment, and criminal record. Logue Law Group represents Pittsburgh-area drivers by reviewing the traffic stop, alleged impairment, chemical testing, and available defenses. A charge is not a conviction, and ARD eligibility should be evaluated alongside the evidence in your case.

First-Time DUI Penalties

Pennsylvania distinguishes general impairment, high-rate alcohol, highest-rate alcohol, drug-related DUI, and other categories. BAC-based offenses generally use a sample obtained within two hours after driving or actual physical control, subject to statutory exceptions. The charge, prior record, accident facts, and any refusal can affect the result. The following summarizes ordinary first-offense penalties; special circumstances can change them.

• General impairment: This includes impairment-based allegations and the BAC range of at least 0.08% but less than 0.10%. An ordinary first conviction subject to § 3804(a)(1) carries probation rather than mandatory incarceration, with a $300 fine and required school and treatment conditions.

• High-rate alcohol: At least 0.10% but less than 0.16%. An ordinary first conviction carries a minimum of 48 consecutive hours of imprisonment, a $500–$5,000 fine, and ordinarily a 12-month license suspension, with required school and treatment conditions.
• Highest-rate alcohol: 0.16% or higher. An ordinary first conviction carries a minimum of 72 consecutive hours of imprisonment, a $1,000–$5,000 fine, and ordinarily a 12-month license suspension. Drug-related DUI and certain refusal cases also fall under the higher penalty provision.

For an ordinary qualifying first general-impairment conviction under 75 Pa.C.S. § 3804(a)(1), the requirements include six months’ probation, a $300 fine, alcohol highway safety school, and court-ordered treatment requirements. The no-suspension exception is limited to an ungraded § 3802(a) offense with no prior offense and the applicable general-impairment penalties. It does not cover every first DUI charge.

An ignition interlock device prevents a vehicle from starting when its breath sample exceeds the device’s permitted threshold. Eligibility for an ignition interlock limited license and restoration requirements depend on the suspension and record. A court disposition does not automatically authorize driving; see our Pennsylvania license suspension information.

A roadside preliminary breath test differs from a requested evidentiary chemical test after arrest. Refusing a qualifying breath or blood test can trigger a separate civil license suspension. Criminal sentencing consequences depend on the test requested and its legal basis. Review our breath-test defense and blood-test defense pages for related issues.

Are There Alternatives to Conviction in a First-Time DUI Case?

Accelerated Rehabilitative Disposition (ARD) is a pretrial diversion option for eligible defendants. Admission requires review by the prosecutor and court; it is not automatic simply because this is your first arrest. Statutory exclusions and county procedures matter. Successful completion can allow dismissal and expungement through the applicable process, but completing ordinary probation after a conviction does not automatically erase that conviction.

ARD can still involve a license suspension, evaluation, alcohol highway safety school, treatment, costs, and other court conditions. The suspension period depends on BAC, age, drug allegations, accident circumstances, and other applicable rules. CDL holders should review commercial-license consequences before accepting ARD.

ARD does not eliminate every record or future consequence. Act 58 of 2025 created a DUI-following-diversion offense for a new qualifying DUI within 10 years after completion of ARD or substantially similar diversion. The statute also provides for retention of completion records for 12 years, with separate PennDOT rules and exceptions. A criminal-record expungement does not erase those retained records. Review current Act 58 requirements and your case history before deciding whether diversion is appropriate.

If you face a first DUI in Pittsburgh or Western Pennsylvania, call 412.387.6901 or contact Logue Law Group for a free consultation. Bring your charging documents, test paperwork, and any PennDOT notice.

We can discuss whether to challenge the stop or test evidence, pursue diversion if available, negotiate an appropriate resolution, or prepare for trial. Review our DUI traffic-stop FAQs and DUI defense overview for additional information.