Information, Laws, and Penalties on a Second DUI Charge in Pennsylvania
What happens if you are charged or arrested for a DUI in Pennsylvania for the second time?
If you have been charged with Driving Under the Influence (DUI) for a second time, you are already aware of how serious the penalties for DUI can be in Pennsylvania.
The punishment for multiple DUI offenses increases exponentially and can leave your future at risk—especially your license and your job.
At the very least, a guilty verdict in a second DUI case will result in mandatory jail time, significant fines, license suspension, and a permanent criminal record. Penalties for a first-time DUI charge in PA are tough—but a second DUI is much worse if you are convicted.
Notwithstanding your criminal punishments, this can harm your future for a long time to come, including problems obtaining employment, trouble getting approved for loans or accepted into school programs, and you may see extreme increases in your car insurance rates—or getting insurance at all.
All of these complications can make life difficult and stressful. You are probably worried about your future and feel a second DUI would be impossible to win.
However, a second DUI charge is NOT a conviction and it is worth fighting.
AN ARREST IS NOT A CONVICTION
At Ketchel Law, our greatest strength lies in critically analyzing and dissecting the details of a police officer’s report looking for weaknesses, neutralizing the police officer’s testimony, and questioning the testimony of any experts regarding blood or breath testing.
We use our own experts to show why the blood or breath test reading was not accurate and we use the applicable case law to seek a full dismissal of your case when you were stopped without reasonable suspicion or arrested without probable cause.
Justin Ketchel is an experienced Pittsburgh DUI Attorney who will tirelessly work to mount a successful defense to prevent the suspension of your license and keep you out of jail.
Don’t delay in contacting us for a free legal consultation. Call us now at 412-456-1221. Remember, the prosecutor’s case has already started before you even have an opportunity to begin your defense.
PUNISHMENT FOR SECOND DUI CONVICTION IN PENNSYLVANIA
Pennsylvania has a three-tier system for determining DUI punishments. The tiers are based on the Blood Alcohol Content, or BAC, of the driver within two hours of being arrested. In PA, a BAC of .08 or higher is considered to be impaired.
The three tiers are as follows:
- General Impairment: BAC of .08% but less than .1%
- High Impairment: BAC of .1% but less than .159%
- Highest Impairment: BAC of .16% or higher
The punishments are further graded by how many DUIs you have had previously. A second DUI is punished more severely than a first-time DUI. The look-back period for previous DUIs is ten years. That means that if you have had any DUIs in the previous ten years, including enrollment in the Pittsburgh ARD Program, you will be charged with a second offense.
Penalties for a second DUI offense:
First Tier—General Impairment for 2nd DUI Conviction
- Convicted of an ungraded misdemeanor
- Five days minimum imprisonment—up to six months maximum
- $300 to $2,500 in fines
- 12-month license suspension
- Attend Alcohol Highway Safety School
- Mandatory one-year Ignition Interlock at the offender’s own expense
- Mandatory full D&A assessment and compliance with D&A treatment as a condition of sentencing
Second Tier—High Rate of Impairment for 2nd DUI Conviction
- Convicted of an ungraded misdemeanor
- 30 days minimum imprisonment up to six months maximum
- $750 to $5,000 in fines
- 12-month license suspension
- Attend Alcohol Highway Safety School
- Mandatory one-year Ignition Interlock
- Mandatory full D&A assessment and compliance with D&A treatment as a condition of sentencing
Third Tier—Highest Rate of Impairment for 2nd DUI Conviction
- Convicted of a first-degree misdemeanor
- 90 days minimum imprisonment
- $1,500 minimum fine
- 18-month license suspension
- Attend Alcohol Highway Safety School
- Mandatory one-year Ignition Interlock
- Mandatory full D&A assessment and compliance with D&A treatment as a condition of sentencing
CONTACT A PITTSBURGH DUI LAWYER
Unfortunately, it is unlikely that ARD will be an option for a second DUI offense. You may, however, be eligible for DUI Court. A conviction means that you will serve some time in prison—and suffer the consequences for a long time to come.
You need the help of an experienced and skillful DUI attorney to help you fight your charges and give you the best defense possible.
Don’t wait—call Justin Ketchel now at 412-456-1221 for a free consultation.
Justin’s extensive experience as a former public defender, and a criminal defense attorney in private practice, gives him a distinct advantage when handling DUI cases. His number one goal is having your charges dismissed.
We will do everything we can to minimize your expenses. We understand what you are going through and will tirelessly fight on your behalf to ensure that your arrest has a minimal impact on every aspect of your life.
Call the Ketchel Law at 412-456-1221 for a free legal consultation. We take your case seriously and are committed to providing quality legal advice.
Learn More About DUI Laws in Pennsylvania:
- First-time DUI in PA
- Fighting DUI in Court
- ARD Program
- Pittsburgh DUI Court
- The DUI Legal Process in Pennsylvania
- The Penalties for a DUI Conviction in PA
- DUI Controlled Substance / DUI Drugs
- DUI Arrest in PA with a BAC over .16
- Underage DUI
- Underage Drinking in PA
- Third DUI Offense and Subsequent DUI Offenses
- DUI in PA with a CDL License
- DUI while on Probation
- DUI Prescription Medication
- DUI Accident with Injuries
- DUI – Homicide by Vehicle
- DUI Field Sobriety Tests
- Guide to Hiring a DUI Lawyer
- The Birchfield Ruling—New Supreme Court Ruling on DUI
- Field Sobriety Tests—Types and Issues