Is a DUI a felony in Pennsylvania?

A fourth offense, or any offense after a DUI homicide. Pennsylvania made DUI a felony in 2018, and the line is drawn by history rather than by what happened that night. Three or more prior offenses — that is, a fourth DUI — grades the offense as a felony of the third degree, and so does any DUI after a conviction for homicide by vehicle while driving under the influence. There is a third route: two priors where one of them was a violation involving a minor passenger. Sentencing at the highest tier for a third or subsequent offense starts at one year of imprisonment and a fine of no less than $2,500, and the third-degree felony ceiling is seven years. The practical consequence is not the number: a felony conviction reaches employment, firearms and licensing for the rest of your life, and that is the part a plea negotiation is really about.

Felony of the third degree: not less than one year at the highest tier; up to seven years, and a fine of not less than $2,500. The range is set by 75 Pa.C.S. § 3803(a)(3), (a)(4); § 3804(c)(3); 18 Pa.C.S. § 1103(3), and the figures on this page come from the statute rather than from a summary of it.

Pennsylvania created the Ignition Interlock Limited License in 2016 — it lets you drive an interlock-equipped car through part of your suspension instead of waiting it out. A plain first general-impairment offense carries no interlock requirement at all; the mandate starts at high BAC, on a refusal, or on a repeat. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by PennDOT, Bureau of Driver Licensing.