What are the penalties if I am convicted of DUI (General Impairment)?
A conviction for DUI at the General Impairment tier in Pennsylvania — meaning a BAC between 0.08% and 0.099%, or any impairment to any degree — carries penalties that escalate based on whether this is your first, second, or third offense within the 10-year lookback period. For many first-time offenders, this tier offers the most favorable sentencing outcomes and the broadest access to diversion programs.
First Offense General Impairment
A first offense General Impairment DUI is graded as an ungraded misdemeanor — the lowest criminal grading available in Pennsylvania — and carries:
- No mandatory minimum jail sentence
- Maximum imprisonment: 6 months
- Fine: $300
- Probation: Up to 6 months
- No mandatory license suspension imposed by the court (though PennDOT may impose a suspension based on the underlying conduct)
- Alcohol highway safety school
- Drug and alcohol evaluation
For first-time General Impairment offenders, the absence of mandatory jail time and the lower fine make this tier significantly more manageable than higher tiers. More importantly, many first-time offenders at this tier are eligible for ARD (Accelerated Rehabilitative Disposition), which allows the case to be resolved without a conviction and the record to be expunged upon successful program completion.
Second Offense General Impairment
A second offense General Impairment DUI is also graded as an ungraded misdemeanor and carries:
- Mandatory minimum imprisonment: 5 days
- Maximum imprisonment: 6 months
- Fine: $300 to $2,500
- License suspension: 12 months
- Drug and alcohol treatment as ordered
The five-day mandatory minimum makes a second General Impairment DUI meaningfully different from a first offense despite the same grading. ARD is not available for second offenses, and the license suspension adds significant practical hardship.
Third Offense General Impairment
A third offense General Impairment DUI is graded as a Misdemeanor 1 and carries:
- Mandatory minimum imprisonment: 10 days
- Maximum imprisonment: 2 years
- Fine: $500 to $5,000
- License suspension: 12 months
The Significance of BAC Tier at Sentencing
The General Impairment tier carries the lightest penalties among Pennsylvania’s three DUI tiers. A BAC measurement that falls at 0.099% rather than 0.10% can mean the difference between General Impairment and High Rate sentencing — a distinction with real significance for mandatory minimum sentences, particularly at the second and third offense levels. This makes the accuracy of chemical test results and the viability of challenges to those results especially important in cases where the BAC is near a tier boundary.
ARD at the General Impairment Level
First-time General Impairment offenders who qualify for ARD face a license suspension as part of the ARD conditions — typically 30 to 60 days depending on the BAC level and county practices. Successful completion of ARD results in dismissal of the DUI charge and eligibility for expungement, providing a path to resolution without a permanent criminal record. The Erie County District Attorney’s office administers ARD locally, and eligibility determinations reflect both the statutory criteria and prosecutorial discretion.
