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 will be facing stiffer penalties, including mandatory jail time, license suspension, and thousands of dollars in fines. Let’s take a look at the laws and penalties for a Second Offense DUI in Pennsylvania.
The Look Back Period
Pennsylvania has a 10-year look back period for DUI offenses. That means any convictions during this 10-year window will be counted.
Serious Offense
A second DUI is a very serious offense because it carries mandatory jail time and at least a 12 month license suspension. The loss of license can increase to 18 months under certain circumstances. As you already guessed, your car insurance rates will increase significantly as well. This is why it is highly recommended that you talk to a qualified DUI attorney immediately. We can explain the charges to you and help you chart out a plan of action that helps you protect your future.
Second Offense DUI Penalties
The specific consequences you face for a Second Offense DUI conviction will be based on the exact details of your case. If there were injuries to another party, you may face even higher penalties.
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
- Driver is at least 21 years of age
Penalties
- Between five days and six months prison sentence
- License suspension for 12 months
- Fines between $300 and $2,500
2. High Impairment
Criteria
- BAC between .10 and 0.159%
- General BAC with an accident or injury
- General BAC if driver is under 21 and over a 0.02%
- In a School Vehicle with BAC between 0.02% and .159%
- In a 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
3. Highest Impairment
Criteria
- BAC of .16% or higher
- Refusal to take a chemical test
- DUI Drugs
Penalties
- First degree misdemeanor conviction [You can no longer hold a License to Carry a Firearm and you cannot lawfully possess any handguns, rifles, shotguns]
- Between 90 days and five years in prison
- License suspension for 18 months
- Fines of $1,500 to $10,000
Other Important Things to Know
- If you refused a blood or breath test, you will be automatically charged under the Highest Impairment category, regardless of your BAC.
- Any DUI conviction is noted on your permanent, public criminal record. That means anyone can Google your name and likely find it or visit the AOPC website and find it. Future employers will easily be able to see this in a routine background check. Your neighbors will too.
- If you are convicted, you may be required you to use a ignition interlock device on your car. This must be paid for out of your own pocket at a typical price of $1,000 plus regular maintenance costs.
- 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.
- You insurance rates will increase significantly with a second DUI conviction. Depending on your driving history, you may be denied coverage altogether.
If you have been charged with a second DUI offense in Pennsylvania, please call 1-866-MCSHANE now for a free, detailed consultation. We know the law. We know the science. We want to help you.
Justin McShane
PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.
Louis Goodman says:
Goof Informative Blog
Louis Goodman says:
Helpful Article Nice Sharing
Nelson says:
Is the new 10 year look back law conviction to conviction..Or conviction to arrest…?
Justin McShane says:
Date of prior conviction to new sentencing
Frank Stefanski says:
They treat us like mushrooms! Keep us in the dark and feed us horse poop!
Kathleen Falzarano says:
I have a 2 dui at highest tier, I don’t understand why are they saying 6 years in jail?