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.
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
Criteria
- B.A.C. between .08 and .099%
- No property damage or injury
- Incapable of safe driving
- Refusal to take a blood test
Penalties
- 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
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 (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
Criteria
- 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
Penalties
- 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)
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:
- Problems with DUI Blood Tests in Pennsylvania
- Pennsylvania DUI Laws and your Professional License (Military too)
- CDL holder and DUI charges
- Pennsylvania DUI FAQ (Free Information, Easy to Understand)
- PA DUI Blog
- Free PA DUI Info (Easy to Understand Language)
- DUI Lawyer Costs
- DUI Trial Procedure
- Pennsylvania DUI Attorneys
- Pennsylvania DUI Laws and your Professional License
- How To Find The Best DUI Lawyer in Pennsylvania
2nd DUI With Refusal
I couldn’t have asked for a better attorney than Tim. He was so patient with me through the whole process and answered every question I had regardless of how stupid they were. This was my second DUI in 4 years and I refused any testing which calls for an automatic license suspension. Tim fought Penndot on the refusal charge and won and also took my DUI case to trial and won. NOT GUILTY on everything. He is worth every penny I spent. If you are looking for a great attorney I would highly recommend Tim.
Jodie
DUI
Justin McShane and his entire staff made me feel like they took my case personally and really cared about a suitable outcome of my case. All my calls and questions and emails were answered very quickly. I would highly recommend The McShane Firm for any representation.
C.A.
The best of the best in DUI cases. Worth every penny. 8 years later and I still can’t thank you guys enough.
T.M.
Best DUI Defense in PA
I was falsely accused of Driving Under the Influence with Reckless Endangerment of my young son in the car. I was in jeopardy of losing custody of my only child. Thanks to Tim, this tragedy was avoided. Tim strategically fought for me to convince the jurors that the Commonwealth’s witnesses should not be believed. He used his experience to ‘splain the truth to the jury. With just the right balance of charm, mild indignation, logic, truth telling, humor, personal anecdotes, relationship building, power of persuasion, professional acumen, trial experience, and so much more, Tim achieved success for me. He’s worth every penny. Tim did great, and I’ll always be grateful!
