Is a DUI a felony in Pennsylvania? This is what many who are charged with DUI may wonder after an arrest. However, not every DUI rises to the felony level. Pennsylvania DUI statutes grade offenses according to the DUI offender’s prior history, the type of DUI charge, and other circumstances specific to the crash or incident.
Local Attorneys Experienced with Pennsylvania DUI Cases
SMT Legal is located in Pittsburgh and serves clients charged with Pennsylvania crimes such as DUI. Attorney Chris Thomas has been practicing law since 2001 and began working in criminal defense with SMT Legal in 2011. Chris is a graduate of Point Park University and Duquesne University School of Law and directly represents clients in a variety of criminal cases, including high-profile matters.
When Is a DUI a Felony in Pennsylvania?
Pennsylvania DUI felony offenses are explained in felony laws, particularly Section 3803 of the Pennsylvania DUI statute. This section creates DUI grading rules. Standard DUI violations under Section 3802 become third-degree felonies if a person has two or more prior DUI convictions.
If the DUI involves the highest rate of alcohol or a controlled substance conviction, it can be elevated to a third-degree felony with two prior offenses. With three or more priors, DUI under these subsections becomes a second-degree felony.
Driving under the influence with another aggravating factor changes the grading as well. For example, committing a DUI with a passenger age 18 or younger turns into a third-degree felony DUI if the defendant has two or more prior convictions.
How Pennsylvania DUIs Are Determined
Pennsylvania’s statute on prior DUI offenses can be found at 75 Pa. C.S. § 3806. For grading purposes, the statute limits DUI priors to those occurring within 10 years of the current offense. Judges use this timeframe when counting prior offenses at sentencing.
Due to this nuance, defendants should have an attorney review their prior records. A prior Pennsylvania DUI charge that was ultimately dismissed or resulted in an acquittal, or one from another state with comparable DUI statutes, could still be factored into a defendant’s case.
Pennsylvania DUI Statistics
According to PennDOT, 7,745 crashes occurred in Pennsylvania as a result of alcohol use in 2024. There were 228 fatal alcohol-related crashes statewide that year. Those crashes caused 244 total deaths. Pennsylvania saw crashes attributed to alcohol use make up just over 7% of all crashes but accounted for nearly 22% of traffic deaths.
Pennsylvania compiled these statistics on alcohol-related crashes, which include but are not limited to DUI offenses. Nonetheless, the evidence shows that impaired driving is consistently targeted by law enforcement and remains a key concern for public safety statewide.
As felony DUI cases may be heard in Pittsburgh, Pennsylvania, courts have the authority to convict defendants of these charges. The Criminal Division of the Allegheny County Court of Common Pleas hears DUI cases in Pittsburgh at 436 Grant Street, Pittsburgh, PA 15219. Traffic collisions on I-376, I-279, Route 28, and the highways surrounding Pittsburgh neighborhoods are subject to the same grading rules.
Hire a DUI Lawyer With SMT Legal
Defense lawyers can help defendants facing multiple DUI charges understand Pennsylvania DUI laws and how the charge has been graded by the prosecution. DUI lawyers can review police reports, analyze evidence including chemical tests, advocate for reduced DUI penalties, and assess any missteps made by police during the traffic stop.
Hire a DUI lawyer today and contact Christopher P. Thomas at SMT Legal if you or someone you know has been charged with a Pennsylvania DUI offense. You can call or text Christopher at 412-448-6887.
