Pennsylvania Second Offense DUI Laws

Second DUI in PA

If you’ve been accused of DUI in Pennsylvania and you have a prior DUI conviction on your record, you already know that this time around, you’re facing stiffer penalties, including mandatory jail time, license suspension, and thousands of dollars in fines. Let’s take a look at the laws and penalties of a Second Offense DUI in Pennsylvania.

Second Offense DUI Penalties

The specific consequences you face for a Second Offense DUI conviction will be based on your Blood Alcohol Concentration (or BAC) – the amount of alcohol that was present in your bloodstream when you were arrested. The higher the BAC, the higher the penalties you will face.

The Commonwealth of Pennsylvania defines three tiers of impairment based on your BAC:

1. General Impairment

  • B.A.C. between .08 and .099%
  • No property damage or injury
  • Driver is at least 21 years of age
  • Incapable of safe driving
  • Between five days and six months prison sentence
  • License suspension for 12 months
  • Fines between $300 and $2,500

2. High Impairment

  • BAC between .10 and 0.159%
  • General BAC with an accident or injury
  • General BAC if driver is under 21
  • School Bus Driver with BAC between 0.02% and .159%
  • Commercial Vehicle with BAC between .04 and 0.159%
  • Minor B.A.C.= .02 to .159%
  • Prison time ranging from 30 days to six months
  • License suspension for 12 months
  • Fines between $750 and $5,000

3. Highest Impairment

  • BAC of .16% or higher
  • Refusal to take a chemical test
  • Controlled substance DUI
  • First degree misdemeanor conviction
  • Between 90 days and five years in prison
  • License suspension for 18 months
  • Fines of $1,500 to $10,000

Other Important Things to Know

  • If you refused a roadside blood or breath test, you will be automatically charged under the Highest Impairment category, regardless of your BAC.
  • Any DUI conviction is noted on your permanent, public criminal record, meaning all future employers, landlords, and neighbors can look it up – including your insurance company. Drivers convicted of a second DUI are often dropped by their insurance provider altogether.
  • With a Second Offense DUI conviction, the court may require you to use a ignition interlock device on your car. This device, which starts your car after testing and clearing your breath of alcohol content, must be paid for out of your own pocket at a typical price of $1,000.
  • If your DUI case involves an injury, accident, or death, you may be liable for sentencing enhancements that carry additional penalties from the State, as well as civil liability for damages from the other people involved.

The McShane Firm, LLC - Law OfficesWith a Second Offense DUI, the stakes are higher. That’s why it’s crucial to have an experienced, aggressive DUI lawyer in your corner to fight for your license, your rights, and your freedom. Contact us for your free initial consultation and put Pennsylvania’s most highly-trained DUI attorneys to work defending your rights today.