What are the penalties for a Third Offense DUI in PA?

If you already have two DUI convictions on your record, you already know that this is a very serious matter. In addition to severe fines, increased jail time, and the automatic loss of license for at least a year, you will receive at least misdemeanor conviction on your permanent, public criminal record. In many cases, this can be enhanced to a felony.

Recent changes in law have made many third offense DUIs felonies. All fourth and subsequent DUI offenses are felonies in PA now as well.

We understand this is scary but hope is not lost. You can fight back. We can help you.

THIRD OFFENSE DUI PENALTIES

Like your first and second offense, 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 that was present in your bloodstream. 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

Penalties

  • Misdemeanor of the Second Degree
  • Prison sentence of 10 days to 2 years
  • License suspension for 12 months
  • Fines between $500 and $5,000
  • $200 surcharge
  • $100 Substance Abuse Education and Demand Reduction Fund.
  • Treatment when ordered
  • 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
  • License suspension for 18 months
  • Fines between $1,500 to $10,000
  • $200 surcharge
  • $100 Substance Abuse Education and Demand Reduction Fund.
  • Treatment when ordered
  • 1 year interlock

3. Highest Impairment

Criteria

  • BAC of .16% or higher
  • Controlled substance DUI

Penalties

  • Felony of the Third Degree
  • 1 year mandatory minimum and a maximum sentence of up to 7 years in prison
  • License suspension for 18 months
  • Fines up to $15,000
  • $200 surcharge
  • $300 Substance Abuse Education and Demand Reduction Fund
  • 1 year interlock

If your BAC was at 0.16% or higher or if you were charged with a DUI with a controlled substance, you will be charged with a felony. It does not matter if the controlled substance was a “hard” drug, medical marijuana, or a prescribed medication. If you are charged with a felony, you will be looking at 1-7 years in prison, an 18 month license suspension and up to $15,000 in fines. In addition to that, a felony can impact your life and career in many other ways.

Even if you avoided the felony tier, a third offense DUI carries very heavy penalties. You could still spend years in prison and face at least a 12 month license suspension. Imagine how these penalties can impact you career and your life.

There is Hope!

At The McShane Firm, it is our job to protect you. We have helped hundreds for drivers who were in a similar situation as you are to reach a favorable outcome. An experienced and highly trained lawyer can make a difference in your case.

No law firm can match our experience and knowledge in DUI. We pride ourselves in investigating the facts or your case and preparing challenges based on science. Our approach is unique and we have helped many drivers get results.

If you are facing a DUI and your future is on the line, call The McShane Firm. After our free consultation, we will tell you if we feel we can make a difference in your case.

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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.

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