The consequences for a Third Offense DUI can be very severe. If you already have two DUI convictions on your record within 10 years, you already know that a DUI 3rd in Pennsylvania is a very serious matter.
In addition to severe fines, increased jail time, and prolonged loss of your driver’s license, you will receive a guaranteed misdemeanor conviction on your permanent, public criminal record. It may even be a felony DUI conviction. But hope is not lost. You can fight back.
Felony Conviction Consequences in Pennsylvania
Free PA DUI Info (Easy to Understand Language)
Third Offense DUI Penalties
The specific penalties you face for a Third Offense DUI conviction will be based on your Blood Alcohol Concentration (or BAC) – the amount of alcohol. 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
- Misdemeanor of the Second Degree
- Prison sentence of 10 days to 2 years.
Sentence to be served consecutively to any other sentence. - License suspension for 12 months (interlock eligible after 6 months served)
- Fines between $500 and $5,000
- Surcharges and court fees not typically less than $600
- Treatment when ordered
- DUI School
- 1 year interlock
2. High Impairment
Criteria
- BAC between .10 and 0.159%
- 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%
- Minor B.A.C.= .02 to .159%
Penalties
- Misdemeanor of the First Degree
- Prison sentence of 90 days to 5 years.
Sentence to be served consecutively to any other sentence. - License suspension for 18 months (interlock eligible after 9 months served)
- Fines between $1,500 to $10,000
- Surcharges and court fees not typically less than $600
- Treatment when ordered
- DUI 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
- Felony of the Third Degree
- 1 year mandatory minimum and a maximum sentence of up to 7 years in prison.
Sentence to be served consecutively to any other sentence. - License suspension for 18 months (interlock eligible after 9 months served)
- Fines up to $15,000
- Surcharges and court fees not typically less than $1,000
- Treatment when ordered
- DUI School
- 1 year interlock
Other Important Things to Know
- Any DUI conviction is noted on your permanent, public criminal record. This means every future employers, landlords, and neighbors can look it up – including your insurance company. Drivers convicted of a third DUI are often dropped by their car insurance provider altogether.
- With a Third 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 your BAC, must be paid for out of your own pocket at a typical price of $1,000 or more.
- 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 Third Offense DUI are no joke. If you find yourself accused of a Third 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
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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!
