Recently, the Commonwealth of Pennsylvania enacted laws that increased the penalties for some third time offenders. In PA, there is a 10 year look back period, so if you have 2 prior DUIs in the last 10 years, you can be charged with a third offense.
The chart below details the penalties you will be facing if you are convicted of a third DUI.
1. General Impairment
Criteria
- BAC between .08 and .099% (or no BAC available)
- No property damage or injury
- Incapable of safe driving
- Refusal to take a chemical test
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.
- Full drug and alcohol assessment and treatment when ordered
- 1 year interlock (ignition interlock eligible after 6 months)
2. High Impairment
Criteria
- BAC between .10 and 0.159%
- General Impairment with an accident or injury
- School Bus Driver with BAC between 0.02% and .159%
- Commercial Vehicle with BAC between .04 and 0.159%
- Commercial or School Bus Drivers with no BAC available
- Minor BAC.= .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.
- Full drug and alcohol assessment and treatment when ordered
- 1 year interlock (ignition interlock eligible after 9 months)
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 between $2,500 and $15,000
- $200 surcharge
- $300 Substance Abuse Education and Demand Reduction Fund
- Full drug and alcohol assessment and treatment when ordered
- 1 year interlock (ignition interlock eligible after 9 months)
- DNA sampling
As you can see, the penalties for a third offense are very serious. You are facing jail and a long license suspension. On top of that there are a host of other consequences such as increased insurance rates and disqualification from many types of employment. If you hold a professional license, your governing body may have rules that would suspend your license to practice.
This is why it is highly advised that you seek the best legal help you can find. If you have been charged with a DUI in PA, please call (717) 690-8643 to speak to an experienced defense attorney at The McShane Firm. We have helped thousands of Pennsylvania residents and we have the knowledge and experience to fight for you.
Don’t take this matter lightly. Call now.
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.
George dyer says:
Hey how are you my name is George Dyer I recently got into a car accident, just my car, and was under the highest tier of consumption. I have not received papers for a dui yet but I’m sure they are comming. If you can get back to me that would be great. Calling me would probably be best instead of an email
5705805314
Richard Jeffery Wall says:
Mr. McShane, I received my third DUI within a ten year period. My recent one was under a 1.0 limit. I have been to court 4 times with my attorney, Mr. Ugarte from Mooney and Associates in Hanover, PA. We had a plea deal, which i signed for 2 years probation and 180 days house arrest, 1 year license suspension. My last court date, they said I was not elgible for probation or house arrest because I had a prior felony, aggravated assault, 7 years ago. I have done my time for this crime and I believe I should not be punished again for it. Can you please help me?
Mike says:
How did you make out?