Can A DUI Be A Felony In PA?


In Pennsylvania, most DUI offenses are charged as misdemeanors, but certain cases can escalate to felonies. A DUI becomes a felony when it’s a third offense or more within a 10-year period. Only convictions count, not charges, and Pennsylvania’s first offender program (ARD) does not count as a conviction if successfully completed.

The look-back period for prior offenses is 10 years, meaning that any previous DUI conviction in Pennsylvania or another state within the last decade can lead to harsher penalties. Additionally, a DUI involving serious bodily harm or death can result in felony charges. A homicide by vehicle while driving under the influence is a second-degree felony with a mandatory minimum of three years for each person killed. Serious injury from a DUI accident can also lead to an aggravated assault charge.

Because the consequences of a felony DUI are severe, including long jail time and hefty fines, it's crucial to have legal representation. An experienced DUI attorney can review your case, examine the police's actions, and identify potential legal challenges to help reduce or dismiss the charges.

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