PENNSYLVANIA THIRD OFFENSE DUI LAWS

If you already have two DUI convictions on your record, you already know that a Third Offense DUI in Pennsylvania is a very serious matter. In addition to severe fines, increased jail time, and the automatic loss of license for at least a year, you will receive a guaranteed misdemeanor conviction on your permanent, public criminal record. But hope is not lost. You can fight back.

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THIRD OFFENSE DUI PENALTIES

Impairment

Criteria

Penalties

1. General Impairment

  • B.A.C. between .08 and .099%
  • No property damage or injury
  • Incapable of safe driving
  • Misdemeanor of the Second Degree
  • Prison sentence of 10 days to 2 years
  • License suspension for 12 months
  • Fines between $500 and $5,000
  • $200 surcharge
  • $100 Substance Abuse Education and Demand Reduction Fund
  • 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%
  • Misdemeanor of the First Degree
  • Prison sentence of 90 days to 5 years
  • License suspension for 18 months
  • Fines between $1,500 to $10,000
  • $200 surcharge
  • $100 Substance Abuse Education and Demand Reduction Fund
  • 3. Highest Impairment

  • BAC of .16% or higher
  • Refusal to take a chemical test
  • Controlled substance DUI
  • Misdemeanor of the First Degree
  • 1 year mandatory minimum and a maximum sentence of up to 60 months prison
  • License suspension of 18 months
  • Fines between $2,500 and $10,000
  • $200 surcharge
  • $300 Substance Abuse Education and Demand Reduction Fund
  • Meet Our Attorneys

    Justin J. McShane, Esq.
    Justin J. McShane, Esq.

    Chairman/CEO
    Specializing in DUI and Criminal Law
    Timothy M. Barrouk, Esq.
    Timothy M. Barrouk, Esq.

    Senior Litigation Associate
    Shawn M. Dorward, Esq.
    Shawn M. Dorward, Esq.

    Litigation Associate
    Katherine McShane, Esq.
    Katherine McShane, Esq.

    Litigation Associate
    Richard S. Roberts Jr., Esq.
    Richard S. Roberts Jr., Esq.

    Litigation Associate
    Kaitlyn Clarkson, Esq.
    Kaitlyn Clarkson, Esq.

    Appellate and Post-Conviction Attorney
    Jason Jefferis, Esq.
    Jason Jefferis, Esq.

    Litigation Associate

    Hundreds Have Trusted Us. You Will Too.

    Comment_MarkThe work that Mr. McShane has done in the field of DUI defense is truly inspiring. He is one of the rare attorneys in his field better.

    Jason Korner, (Saint Louis, MO)

    Comment_MarkMy son made the wrong decision by getting behind wheel after drinking with some friends. Fortunately, I called Attorney Justin McShane. He was able to get the charge reduced to a reckless driving charge.

    A.V., (Harrisburg, PA)

    Comment_MarkThank you for your very professional handling of my son’s case. I appreciate your efforts and your candor.

    T.C., (State College, PA)

    Comment_MarkMcShane is a genius. Simple as that.

    Peter Carini, (Medford, OR)

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