Driving under the influence (DUI) is normally charged as a misdemeanor in Pennsylvania, not a felony. That said, there are times when a DUI can lead to felony charges and far harsher consequences than defendants anticipate.

A DUI is charged as a third-degree felony upon the third offense if your blood alcohol concentration (BAC) was over 0.16% or it is your fourth or subsequent DUI arrest. Causing serious bodily injury while driving under the influence is charged as a second-degree felony and comes with serious consequences. Homicide by vehicle while driving under the influence is also charged as a second-degree felony, though it may be enhanced to a first-degree felony for a second offense.

Get the free case evaluation you need from the Liberty Law Team by calling our Philadelphia DUI defense attorneys at (215) 826-3314.

When is a DUI Charged as a Felony in Pennsylvania?

An initial DUI most likely will not be charged as a felony, unless it results in serious bodily injury or death. DUI charges can be enhanced from misdemeanors to felonies for repeat offenders.

Third Offense with Aggravating Factors

A third DUI within 10 years is charged as a third-degree felony in Pennsylvania, provided certain aggravating factors are present. Having a blood alcohol concentration of 0.16% or higher, refusing to submit to chemical testing, or possessing controlled substances are all considered aggravating factors that increase the charge.

Fourth or Subsequent Offense with No Aggravating Factors

A fourth or subsequent offense within 10 years, without any aggravating factors, is also charged as a third-degree felony in Pennsylvania.

DUI with Serious Bodily Injury

When drunk driving causes serious bodily injury, defendants might be charged with aggravated assault by a vehicle while driving under the influence, which is a second-degree felony in Pennsylvania.

DUI with Fatal Accident

If a DUI ends in a fatal car accident, the driver could face second-degree felony charges for homicide by vehicle while driving under the influence. Homicide by vehicle can be charged as a first-degree felony if the defendant has a previous DUI-related conviction.

Previous Homicide by Vehicle Conviction

If you have a previous second-degree felony conviction for homicide by vehicle while driving under the influence and are arrested for drunk driving in the future, the charge is immediately enhanced from a misdemeanor to a third-degree felony.

What Are the Penalties for Felony DUIs in Pennsylvania?

Felony DUI charges carry harsher penalties than misdemeanor DUIs, including prison time and fines of thousands of dollars.

Third-Degree Felony

A third-degree felony DUI conviction carries a 1 to 7-year prison sentence and fines of up to $15,000. Longer license suspension and a mandatory ignition interlock requirement when you start driving again are additional penalties.

Second-Degree Felony

Aggravated assault by a vehicle while driving under the influence is a second-degree felony in Pennsylvania and carries up to 10 years in prison and up to $25,000 in fines. There is no mandatory minimum sentence for this second-degree felony offense. However, there are mandatory minimums for fatal DUI accidents. If it is your first offense, there is a minimum of 3 years in prison per victim for homicide by vehicle while driving under the influence.

First-Degree Felony

If charges for homicide by vehicle while DUI are enhanced to first-degree felony charges because of a previous conviction, the minimum sentence per victim increases to 5 years. If there are at least 2 prior convictions for homicide by vehicle while DUI, the minimum sentence increases to 7 years in prison per victim.

When is a DUI Not a Felony in Pennsylvania?

Although DUIs are always serious, they are not always charged as felonies. Most of the time, DUIs are charged as misdemeanors in Pennsylvania.

A DUI is not a felony on your first, second, or third offense, provided no aggravating factors were present. First-offense DUIs are generally charged as ungraded misdemeanors and rarely involve any jail time. If your BAC was in the lowest tier, between 0.08% and 0.099%, you may not even lose your license for any period after your first DUI.

Even when a DUI is not charged as a felony, you should still take it seriously and get an attorney to help you navigate the process and to advocate for you.

Top Pennsylvania DUI FAQs Answered

What is the Difference Between a Misdemeanor and Felony DUI?

A misdemeanor DUI is a relatively low-level offense that may not involve any jail time on the first offense and may even be expungable from your criminal record. Felonies are far more serious, with felony convictions typically carrying sentences in state prisons, expensive fines, and a permanent place on your criminal record.

Can Felony DUI Charges Be Reduced to Misdemeanors?

Through plea deal negotiation, our Pennsylvania DUI defense attorneys may convince the prosecution to reduce the charges against you so that you are no longer facing a felony or a felony of the same degree.

What is the Legal BAC Limit in Pennsylvania?

For drivers 21 and older, the legal BAC limit in Pennsylvania is 0.08%. For commercial vehicle drivers, the limit is 0.04%. For minors, the legal BAC is 0.02%, which is achievable after only one drink to reflect Pennsylvania’s zero-tolerance policy.

Are Most DUIs Charged as Felonies in Pennsylvania?

Most first, second, and even third DUIs are not charged as felonies in Pennsylvania. The first offense for aggravated assault by vehicle or homicide by vehicle while driving under the influence is always charged as a second-degree felony.

Do You Need a Lawyer for a Misdemeanor or Felony DUI Charge?

You need a lawyer’s help when facing either a misdemeanor or felony DUI charge. Any DUI conviction could affect your reputation or livelihood, so don’t think that an ungraded misdemeanor cannot.

Get Our Help with Your DUI Charges in Pennsylvania

Call the Liberty Law Team’s Pennsylvania DUI defense attorneys at (215) 826-3314 for a free case assessment.