Pennsylvania Second Offense DUI Laws

Second DUI in PA

For a second offense DUI in PA, the stakes are much greater. If you’ve been accused of DUI in Pennsylvania and you have a prior DUI conviction on your record within the last 10 years, you already know that this time around, you’re facing:

  • stiffer penalties,
  • including mandatory jail time,
  • increased license suspension, and
  • thousands of dollars in fines.

Let’s take a look at the laws and penalties of a DUI 2nd in Pennsylvania.

When selecting which attorney to hire, please consider:

  • Can you call anytime and talk to a live person?
  • Do they offer payment plans with no credit checks?
  • Will your attorney be attentive and explain what’s going on?

At The McShane Firm, we answer yes to all of these questions. We strive to provide you with a great customer service experience during this tough time.

Free PA DUI Info (Easy to Understand Language)

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
  • Incapable of safe driving
  • Refusal to take a blood test


  • Between five days and six months prison sentence
  • License suspension for 12 months (interlock eligible after 6 months served)
  • Fines between $300 and $2,500
  • Surcharges and court fees not typically less than $300
  • Treatment when ordered
  • ARD possible under limited circumstances
  • DUI (MOP) School
  • 1 year interlock

2. High Impairment


  • 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%


  • Prison time ranging from 30 days to six months
  • License suspension for 12 months (interlock eligible after 6 months served)
  • Fines between $750 and $5,000
  • Surcharges and court fees not typically less than $400
  • Treatment when ordered
  • DUI (MOP) school
  • 1 year interlock

3. Highest Impairment


  • BAC of .16% or higher
  • Controlled substance DUI
  • Refusal to submit to a breath test or refusal to submit to a valid search warrant for blood


  • Misdemeanor of the First Degree
  • Between 90 days and five years in prison
  • License suspension for 18 months (interlock eligible after 9 months served)
  • Fines of $1,500 to $10,000
  • Surcharges and court fees not typically less than $700
  • Treatment when ordered
  • DUI (MOP) school
  • 1 year interlock

Other Important Things to Know

  • Any DUI conviction is noted on your permanent, public criminal record, meaning all future employers, landlords, and neighbors can look it up. This definitely includes your insurance company. Drivers convicted of a second DUI are often dropped by their insurance provider altogether or are forced to be in Pennsylvania’s high risk pool.
  • With a Second Offense DUI conviction, the court will require you to use a ignition interlock device on your car. This device, which starts your car after testing and making sure you have a zero or near zero BAC, 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.
  • What sort of costs you can expect in a DUI (including DUI Lawyer Costs)

What is The McShane Difference?

  • We take time to understand your personal needs and goals. Then we cater our legal strategy to fit you.
  • We care about you. We listen and return phone calls. We will take time to explain things so you are not left anxious in the dark.
  • We will make this as easy as possible. We will try to minimize the number of times you have to be in court which means less disruption of your work and family life.

Does this sound like what you are looking for in an attorney? If yes, then take the next step and call (717) 657-3900.

Get an attorney right now

As you can see, the penalties of a Second Offense DUI are no joke. If you find yourself accused of a Second Offense DUI in Pennsylvania, the experienced DUI lawyers at The McShane Firm can help to minimize or eliminate the charges against you.

Additional recommended reading:

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  • Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
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This is our promise to you. Call today to get us on your side: (717) 657-3900.