Mandatory DUI sentences are set by Pennsylvania statute and require that a person be sentenced to a mandatory minimum jail time. Pennsylvania currently uses a two tier system to determine what the mandatory minimum is in any particular DUI case. Mandatory minimums are determined based upon your BAC at the time of driving (if you refuse to give a blood or breath sample you are considered to be in the highest BAC range) and the number of previous DUI convictions within 10 years. A previous ARD during the relevant time period will be considered a previous conviction for purposes of determining the mandatory minimum.