PA Second Offense DUI Charge (75 3802 B)

Second DUI (75 3802 B) means a license suspension of one year or more

Second Offense DUI Penalties

1. General Impairment

Criteria

B.A.C. between .08 and .099%
No property damage or injury
Incapable of safe driving
Refusal to take a chemical test

Penalties

Between five days and six months prison sentence
License suspension for 12 months
Fines between $300 and $2,500
$100 surcharge
$100 Substance Abuse Education and Demand Reduction Fund.
Treatment when ordered
ARD possible under limited circumstances
1 year interlock

2. High Impairment

Criteria

BAC between .10 and 0.159%
Minor B.A.C.= .02 to .159%
General BAC with an accident or injury
School Bus Driver with BAC between 0.02% and .159%
Commercial Vehicle with BAC between .04 and 0.159%

Penalties

Prison time ranging from 30 days to six months
License suspension for 12 months
Fines between $750 and $5,000
$100 surcharge
$100 Substance Abuse Education and Demand Reduction Fund.
Treatment when ordered
DUI (MOP) school
1 year interlock

3. Highest Impairment

Criteria

BAC of .16% or higher
Controlled substance DUI

Penalties

First degree misdemeanor conviction
Between 90 days and five years in prison
License suspension for 18 months (OLL after 12 m served on suspension)
Fines of $1,500 to $10,000
$100 surcharge
$300 Substance Abuse Education and Demand Reduction Fund.
Treatment when ordered
DUI (MOP) school

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Hundreds Have Trusted Us. You Will Too.

It was a scary situation to be fresh out of college, getting limited job offers and to make a mistake that could possibly result in a 2nd DUI, but Justin was always straight forward with me, gave me the good and the bad and in the end achieved exactly what I had asked of him.

T.Z.

Justin, I believe, is the best bar none. Not only just in the courtroom but also for just being a great guy. I’ve always been told not to trust an attorney but Justin I trust along with the whole firm

S.L.

Attorney Justin McShane and his team fought the fight for me and never gave up…. It was quite the battle, but his impeccable representation and performance rendered justice. I was cleared of all charges and am so thrilled to be moving on with my life!

M.A.

Unfortunately, this wasn’t my first time facing DUI charges. I already had a prior conviction and this time I was involved in an accident on my way home from a friend’s party. Justin McShane got my DUI charges dropped and worked hard to minimize my other charges as well.