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What to Expect with a First DUI Offense in PA

A DUI offense in Pennsylvania happens when someone is caught driving with a blood alcohol concentration at or above 0.08% or under the influence of drugs. Even though it’s technically a misdemeanor, it’s still a serious charge that can affect your license, insurance, and daily life. For first-time offenders, a DUI can bring a mix of anxiety, regret, and uncertainty as you face questions about court, fines, and your driving record.

You do have options and ways to handle a first DUI. At Ethen Ostroff Law, we help first-time offenders understand their choices, including whether the Accelerated Rehabilitative Disposition (ARD) program could apply. The program can lower penalties and sometimes even help keep your record clean. In this article, we’ll explain what a first DUI offense in PA is like, the potential consequences, and what you can do to secure your driving privileges and record.

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First DUI Offense in PA

In Pennsylvania, a “first-time DUI” means you haven’t had a prior DUI conviction in the last 10 years. It also means there’s no earlier DUI on your record before sentencing for your current case.

The state looks at your blood alcohol concentration (BAC) when you’re arrested:

  • 0.08% or higher for most adult drivers 
  • 0.02% or higher if you’re under 21 
  • 0.04% or higher if you’re driving a commercial vehicle

Pennsylvania uses a tier system for a first DUI, based on your BAC:

  • Tier 1 (General Impairment): 0.08% to under 0.10% 
  • Tier 2 (High BAC): 0.10% to under 0.16% 
  • Tier 3 (Highest BAC): 0.16% or higher (this tier brings the toughest penalties, even for a first offense) 
First DUI Offense in PA

Penalties for 1st DUI Offense in Pennsylvania

Getting pulled over for suspected drinking and driving is a lot to deal with, especially if it’s your first time. In most cases, you’ll be asked to do a field sobriety test, and if the officer believes there’s probable cause, you’ll be arrested, processed, and asked to take a blood, breath, or urine test before being released later that day or the next morning.

Pennsylvania is what’s called an “implied consent” state, which means if you’re arrested for DUI, you’re required to submit to one of these tests. Refusing could result in an automatic license suspension.

When it comes to penalties, Pennsylvania uses a tiered system based on your BAC and the circumstances of your arrest. Here’s what that looks like as of mid-2025:

BAC Level 

Offense Grade 

Jail Time 

License Suspension 

Fines 

Other Requirements 

General Impairment (0.08% – 0.099%) 

Ungraded Misdemeanor 

Up to 6 months probation (no jail required) 

None 

$300 

Alcohol Highway Safety School; treatment if ordered 

High BAC (0.10% – 0.159%) 

Ungraded Misdemeanor 

48 hours to 6 months 

12 months 

$500 – $5,000 

Alcohol Highway Safety School; treatment if ordered 

Highest BAC (0.16%+, refusal, or drugs) 

Ungraded Misdemeanor 

72 hours to 6 months 

12 months 

$1,000 – $5,000 

Alcohol Highway Safety School; treatment if ordered 

Extra penalties can apply if:

  • There were minors in the vehicle 
  • The DUI caused an accident with injuries or property damage 
  • The driver didn’t have a valid license

For a first DUI, jail time usually isn’t required unless your BAC is higher or other aggravating factors are involved. Many first-time offenders face probation instead, along with alcohol education programs. In some cases, you may also need to install an ignition interlock device for a year. 

Life Impact of a First DUI Conviction in Pennsylvania

For most people facing a first, non-violent DUI, jail time usually isn’t the first outcome. But that doesn’t mean it ends when you leave the courtroom.

A conviction can bring issues like:

  • Losing your license for a few months up to 2 years, depending on your BAC and if you qualify for ARD 
  • Court costs and fees that can run into the thousands 
  • Required alcohol highway safety classes 
  • An ignition interlock device in some situations 
  • Probation or community supervision instead of jail time 
  • A criminal record that can affect work, housing, or certain licenses

And that’s just the legal side. A DUI can also bump up your car insurance for years, make it harder to get a job, and carry a reputation that sticks. Even one DUI can follow you around, which is why it’s so important to deal with it right away.

Alternatives to a First-Time DUI Conviction

A DUI arrest is stressful, but if it’s your first, you may have options that keep it off your record. What’s available depends on your blood alcohol level and your record, but here are a few possibilities:

The ARD Program 

Many first-time offenders qualify for ARD. You must complete requirements like classes, treatment, or community service instead of a conviction. Once you finish, the charge can be dismissed and your record cleared.

Drug Court 

In some places, you might be eligible for drug court. It’s more hands-on, with regular check-ins, testing, and treatment. The focus is on recovery instead of punishment.

Alcohol or Drug Treatment 

Judges often look at whether you’ve taken steps to address the issue. Enroll in a treatment program to show responsibility and, in some cases, to reduce or replace harsher penalties.

If you’ve been charged with DUI, it’s important to talk with a Pennsylvania DUI lawyer right away. At Ethen Ostroff Law, we help first-time DUI clients in Pennsylvania determine the best option for their case.

ARD Program for First-Time DUI Offenders

Pennsylvania’s ARD Program is one of the best chances a first-time DUI offender can get. Instead of a conviction, it gives people a way to step out of the regular criminal system and follow a more rehabilitative path.

Here’s how it works: instead of being convicted, you agree to meet certain conditions set by the court for a set period of time. If you complete everything successfully, the DUI charge gets dismissed and later expunged (erased) from your public record.

For those facing their first legal trouble, this can be a huge relief. It keeps them out of jail and protects their record, career, and future opportunities.

Who Usually Gets Into ARD?

  • People facing their first DUI arrest (no prior or serious record). 
  • The incident didn’t involve injuries, deaths, or a weapon. 
  • No kids under 14 were in the car at the time. 
  • The person is ready to follow the court’s rules and deadlines.

What the Program Usually Involves

  • Around 6–12 months on probation. 
  • Taking alcohol highway safety classes. 
  • Doing some community service hours. 
  • A short license suspension (anywhere from none up to 60 days, depending on BAC). 
  • Paying court costs, fees, and restitution.

When ARD Isn't an Option for a First DUI

Not everyone qualifies for ARD. Some first DUI offenses automatically make you ineligible, such as:

  • You’ve had a DUI before, or you’ve already gone through ARD for DUI in the past 15 years. 
  • The DUI caused a crash that seriously injured someone else. 
  • You left the scene of a crash where another car was occupied. 
  • There was a child under 14 in your car at the time of the arrest. 
  • You were driving without insurance and already had suspensions for that in the past. 
  • Your actions during the DUI put others in serious danger. 
  • You’ve had certain criminal convictions (felonies or serious charges) within the last 10 years. 
  • You were driving without a valid license.

Cases involving drugs, very high BAC levels (0.16% or more), or refusing chemical testing are often looked at more closely, and sometimes those drivers aren’t approved for ARD.

At the end of the day, ARD is never automatic. Each county has its own approach, and the district attorney or judge makes the final call.

DUI ARD Process in Pennsylvania

If you’re looking into ARD after a first DUI offense in PA, here’s what usually happens:

Apply at Your Preliminary Hearing 

You’ll need to request an ARD at your preliminary hearing. This also means waiving the hearing itself, the formal arraignment, and the filing of formal charges.

Review by the District Attorney 

The DA’s office reviews your application to see if you qualify. If approved, you’ll get a hearing date in the Court of Common Pleas, usually within a month or two. If denied, your case moves forward like a regular DUI case.

Complete a CRN Evaluation 

Everyone entering ARD must go through a Court Reporting Network (CRN) evaluation. It’s a screening that looks at your alcohol or substance use and determines if treatment or classes are needed.

Agree to the Conditions 

If accepted, you’ll need to follow certain rules during your probation, such as:

  • Attending alcohol highway safety school or treatment sessions 
  • Submitting to drug and alcohol testing 
  • Completing community service 
  • Paying fines, fees, and restitution

Attend Your ARD Hearing 

You must appear in court on the scheduled date to officially enter the program. Missing it could mean losing your spot in ARD and facing regular DUI prosecution.

Complete the Program 

If you stick to the conditions, your DUI charge gets dismissed. You can also file to have the arrest and ARD record expunged, though PennDOT may still keep the DUI noted on your driving history.

The main things to keep in mind: apply early, stay on top of deadlines, follow the program rules, and don’t miss your hearing. Let a PA DUI attorney guide you through the process to make it a lot less stressful and avoid mistakes that could get you kicked out of ARD.

Expungement of a First DUI Offense

If you complete the ARD program, you may be able to clear your record through expungement. This removes the DUI from public view and gives you a fresh start.

After finishing ARD, the District Attorney’s office will close your case. In some counties, like Bucks County, expungement happens automatically. In others, you’ll get instructions on how to file. Most of the time, you’ll need to fill out paperwork, get it notarized, and submit it to the court for a judge’s approval.

A first DUI offense in PA is usually cleared through ARD, but expungement may also be possible if:

  • Your charges were dismissed, or you were found not guilty. 
  • Your DUI was a summary offense with a very low BAC (0.08%–0.099%), and you’ve stayed arrest-free for five years. 
  • You are 70 or older and have gone at least 10 years without new charges. 
  • You received a pardon from the Governor.

DUI convictions outside of ARD are much harder to expunge, and only those exceptions above may qualify.

If your record is expunged, it’s removed from public access. Law enforcement and a few agencies may still see it, but it won’t appear on standard background checks.

Since each county handles expungement differently, it’s important to make sure the process is handled the right way so nothing stays on your record.

How We Handle First-Time DUI Charges in Pennsylvania

A first DUI offense in PA is serious. However, it doesn’t have to define your future. At Ethen Ostroff Law, we look at your case from every angle and focus on keeping the impact as small as possible.

Here’s what we usually cover when handling a 1st DUI offense in Pennsylvania:

ARD Program 

If you qualify, ARD can keep you out of jail and give you the chance to clear your record later. We’ll handle the paperwork, keep track of deadlines, and deal with county rules that can get tricky.

Looking At the Stop and Arrest 

We go through how the police handled things. If they didn’t follow the rules or the testing wasn’t done right, we push to have that evidence tossed.

Other Options If ARD Isn’t Available 

Not everyone gets into ARD. If that’s the case, we look at other ways to cut down penalties, like probation or house arrest, so you’re not stuck with the worst outcome.

Expungement 

Even if your case ends with ARD or dismissal, your record isn’t automatically cleared. We help with the expungement process, so the arrest doesn’t keep showing up.

Life Outside Court 

A DUI affects more than your case. Your license, your job, and even family obligations can be on the line. We help with limited license applications and deal with employers or licensing boards when needed.

At the end of the day, our job is to protect your record and make sure one mistake doesn’t follow you around forever.

Why Choose a Pennsylvania DUI Lawyer at Ethen Ostroff Law?

Choosing a DUI lawyer in PA isn’t only about who has the most experience. It’s about finding someone you can actually trust. You want a lawyer who listens, explains things clearly, and cares about what happens in your life. That’s how we handle every PA first DUI case.

Here’s how our DUI lawyers in PA stand out:

We Focus on First-Time, Non-Violent Offenses. 

Our DUI defense practice is built around helping people who are new to the system. You’ll be treated with respect and given real guidance, not lumped in with repeat or violent offenders.

You Get a Full Team Working for You. 

Some firms leave you waiting around for answers. With us, you’ll have a whole team making sure your defense moves forward, and you’ll always know where things stand.

No Judgment. 

We don’t focus on blame. We focus on protecting your record, your job, and your future.

Clients Trust Us. 

We’ve earned more than 1,800 five-star reviews because we take care of our clients. DUI defense may be newer for us, but the way we treat people hasn’t changed.

We Stay with You After Court. 

We don’t disappear once your case is over. We’ll help you with ARD requirements, file for expungement, and guide you if questions come up with employers or licensing boards.

We Know County Courts. 

Local knowledge matters. We understand how prosecutors and judges handle these cases. We use that insight to keep your case on track.

One mistake should not follow you forever. Our team has your back from the moment you call us until your record is cleared.

Schedule a free case review now! 

Frequently Asked Questions: First DUI in Pennsylvania

For a first DUI offense in PA, your penalties depend on your blood alcohol concentration (BAC) at the time of arrest. The higher your BAC, the more likely you’ll face license suspension, fines, and possible jail time. Many first-time offenders may qualify for Pennsylvania’s ARD program, which can help avoid jail and even lead to expungement.

In 2025, the Pennsylvania Supreme Court ruled that completing the ARD program no longer counts as a prior DUI for sentencing. This means if you completed ARD before, a new DUI offense will be treated like your first. Penalties for repeat offenders, however, have gotten tougher, especially for high BAC or injury cases.

Jail isn’t always mandatory for a 1st DUI offense in Pennsylvania, especially if your BAC is just over the legal limit. Higher BAC levels, refusing a chemical test, or having aggravating factors like minors in the car increase the chance of jail time. The ARD program can help many first offenders avoid jail entirely.

In most cases, you won’t lose your license right away after a DUI in PA 1st offense. License suspension usually starts after conviction, unless you refused a chemical test, which triggers an immediate suspension. You’ll typically get a short window to request a hearing or apply for limited driving privileges.

For many first DUI offenses in Pennsylvania, the most common sentence is probation, a fine, and mandatory alcohol safety classes. Jail is usually only required for higher BAC levels or certain circumstances. The ARD program can reduce these penalties and help keep your record clean.

The outcome depends on your BAC and the details of your case, but most PA first DUI cases end with probation, fines, and classes rather than jail. Higher BAC levels or aggravating factors can mean harsher penalties. With a PA DUI attorney, you may be able to qualify for ARD or negotiate a better result.

You’re not required to hire a lawyer, but having a Pennsylvania DUI lawyer can make a big impact on your case. A lawyer can spot weaknesses in the evidence, guide you toward ARD, and work to reduce penalties. Without one, you risk making mistakes that could hurt your record and driving privileges.

For a first DUI offense in Pennsylvania, legal fees typically range from about $1,000 to $5,000. The cost depends on your case complexity and the lawyer’s experience. While it’s an investment, a skilled DUI lawyer in PA can often save you far more in reduced fines, penalties, and long-term costs.

Yes, a DUI can be dismissed in Pennsylvania if your lawyer successfully challenges the evidence, the stop, or testing procedures. Completing the ARD program can also result in dismissal and expungement. Having an experienced PA DUI attorney gives you the best chance at this outcome.

While in law school, he distinguished himself as Executive Editor of JURIS Magazine, received the prestigious CALI Excellence for the Future Award, and completed five hands-on internships that laid a strong foundation for his legal career.


Nicholas began his post-graduate career clerking for the Honorable Linda Rovder Fleming in the Cambria County Court of Common Pleas. From there, he quickly found his calling in workers’ compensation, personal injury, and Social Security disability law—areas where he could directly impact people’s lives in moments of crisis. He’s helped clients navigate complex legal claims, including securing a settlement exceeding $300,000.

Nicholas brings clear communication, genuine empathy, and an unrelenting drive to achieve the best outcomes for his clients. Whether he’s navigating a complex workers’ comp claim or pushing for a major settlement, he brings focus, dedication, and deep legal knowledge to every case.

He’s also a proud member of Pennsylvania Advocates for Justice and remains active in various professional legal organizations. Nicholas is licensed to practice law in Pennsylvania.

When he’s not fighting for the injured, Nicholas is enjoying time with his family, kicking a soccer ball around, hitting the golf course, or cheering on Pittsburgh’s local teams.

Joe Ring heads the workers’ compensation department at Ethen Ostroff Law, where he takes pride in fighting for injured workers.

Joe is a Philadelphia native and maintains deep roots in the area.  As the grandson of a Philadelphia Firefighter, son of a Philadelphia public school teacher, and veteran of the United State Marine Corps, he was taught to value service, dedication, and hard work.   He applies these values to every case and takes great satisfaction in representing hard-working clients with those same traits.

After obtaining his bachelor’s degree in history from St. Vincent College in Western Pennsylvania, he graduated from Villanova Law School in 2012 and, since then, has litigated hundreds of workers’ compensation hearings and trial depositions on behalf of both employers and injured workers.  During this time, Mr. Ring has written articles and presented Continuing Legal Education courses on developments in Pennsylvania Workers’ Compensation Law.  He is active in local professional organizations, and, in 2022, he served a Co-chairperson of the Philadelphia Bar Associations Workers’ Compensation Section.

Since coming to EOL in 2024, he has dedicated his practice entirely to helping injured workers navigate the system and obtain their rightful benefits.

Joe is licensed to practice in Pennsylvania.

Brandon Zanan heads the personal injury claim department with Ethen Ostroff Law.

Brandon’s education in both law and medicine assist him in expertly representing badly injured victims. Brandon has a Master’s Degree in Forensic Medicine from the Philadelphia College of Osteopathic Medicine, with a concentration in anatomy and pathology. With this knowledge,  Brandon is skilled at analyzing medical records and understanding injuries that are common in personal injury claims. He uses this expertise in conjunction with listening carefully to each client’s needs, in order to fiercely advocate for clients and tell their stories when they would not otherwise have a voice.

Brandon’s background includes a variety of experience and skills in various areas of civil practice. He is the author and editor of numerous books for the George T. Bisel Publishing Company, including “Pennsylvania Damages” and the “Pennsylvania Vehicle Code Annotated,” two texts that are frequently relied on by lawyers and judges across Pennsylvania as authoritative resources on personal injury law.

Brandon is a member of the Pennsylvania and Montgomery Bar Associations. He is also a member of Pennsylvania Association for Justice, and has served as an executive board member of the Montgomery American Inn of Court.

He is admitted to practice in the Commonwealth of Pennsylvania, the United States District Courts for the Eastern District of Pennsylvania and Middle District of Pennsylvania, the State of New Jersey, the United States District Court for the District of New Jersey, and in the Commonwealth of Virginia. Brandon has represented many clients in motor vehicle, premises liability, animal bite, and products liability cases across Pennsylvania and New Jersey and has obtained outstanding results with millions of dollars recovered for his clients.

He has been named a Pennsylvania Rising Star from 2021 onward. The “Super Lawyers-Rising Star®”, list recognizes no more than 2.5 percent of attorneys in each state

Brandon currently lives in Malvern with his wife Rachel and their son Max.

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Any and all claims by you arising out of or related to the Site or your use thereof may be resolved only through a binding arbitration proceeding to be conducted under the auspices of the Commercial Arbitration Rules of the American Arbitration Association in Montgomery County, Pennsylvania. Both your agreement to arbitrate all controversies, disputes and claims, and the results and awards rendered through the arbitration, will be final and binding on you and may be specifically enforced by legal proceedings. Arbitration will be the sole means of resolving such controversies, disputes and claims, and you waive your rights to resolve such controversies, disputes and claims by court proceedings or any other means. You agree that judgment may be entered on the award in any court of competent jurisdiction and, therefore, any award rendered shall be binding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You understand that by agreeing to arbitration as a mechanism to resolve all controversies, disputes and claims between us, you are waiving certain rights, including the right to bring an action in court, the right to a jury trial, the right to broad discovery, and the right to an appeal. You understand that in the context of arbitration, a case is decided by an arbitrator (one or more), not by a judge or a jury.

International Use

The Site is controlled, operated, and administered by EO from offices within the United States of America and is only intended for use therein. We make no representation regarding use of the Site outside of the United States.

Other Terms

If, for any reason, our Terms of Use, Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms of Use and Privacy Policy shall continue in full force and effect. EO’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by EO hereof will be deemed effective unless in writing. These Terms of Use, together with our Privacy Policy, as each is currently posted, constitute the entire agreement between EO and you with respect to your use of the Site and supersede all previous written or oral agreements relating to the subject matter hereof, that this agreement shall not supersede, restrict, or replace any agreements governing the attorney-client relationship between EO and EO Clients.

EO may, in its sole discretion and without prior notice, block and/or terminate your access to the Site and if we determine that you have violated these Terms of Use or other terms or agreements or that may be associated therewith or if you use the Site in a way that we deem, in our sole discretion, to be an unacceptable use.

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