Driving under the influence (DUI) is a leading cause of severe accidents. Pennsylvania takes driver impairment seriously, which is why the penalties for a DUI conviction grow significantly more severe with each offense.
If you’ve been arrested for a second or subsequent DUI, you need a skilled DUI defense attorney on your side. With incarcerations, steep fines, and license suspension at stake, you’re facing lifelong consequences.
Pennsylvania DUI Tiers
Pennsylvania’s DUI laws have a three-tiered structure based on your blood alcohol content (BAC) when the arrest occurred. The three tiers are:
- General impairment: 0.08% to 0.099%
- High BAC: 0.10% to 0.159%
- Highest BAC: 0.16% and higher
The penalties for a conviction vary based on the BAC tier, whether any injuries or property damage occurred, and your prior DUI convictions (if any).
Second DUI
A second DUI conviction has much steeper penalties compared to a first offense. If convicted, you face:
- General impairment: This is an ungraded misdemeanor, punishable by five days to six months in jail, a mandatory $350 to $2,500 fine, and a 12-month license suspension. You’ll be required to install an ignition interlock device (IID) for a year and must attend Alcohol Highway Safety School (AHSS).
- High BAC: This is another ungraded misdemeanor. It’s punished by anywhere from 30 days to six months in jail, up to $5,000 in fines, a 12-month license suspension, AHSS, and an IID installed for one year.
- Highest BAC: This is a first-degree misdemeanor, punishable by up to five years in prison and $10,000 in fines. Your license will be suspended for 18 months, you’ll attend AHSS, and you must install an IID for one year.
Third DUI
A third DUI conviction is punishable by:
- General impairment: This is a second-degree misdemeanor. Penalties include up to two years in prison, $5,000 in fines, a 12-month license suspension, and installing an IID for one year.
- High BAC: This tier results in a first-degree misdemeanor, punishable by up to five years in prison, $10,000 in fines, an 18-month license suspension, and an IID for one year.
- Highest BAC: This is a third-degree felony. It can be punished by up to seven years in prison, $15,000 in fines, an 18-month license suspension, and an IID for one year.
A felony DUI conviction can have lifelong consequences, including difficulties securing employment, housing, and professional licensing.
Fourth and Subsequent DUIs
Pennsylvania treats fourth and subsequent DUI offenses as felonies, with severe penalties to match. Tiers one and two are third-degree felonies that can be punished by up to seven years in prison and $15,000 in fines. Tier three is a second-degree felony that can be punished by up to ten years in jail. You’ll also be subject to an 18-month license suspension and an IID for one year.
Additional Considerations
Beyond jail time, fines, and license suspensions, multiple DUI convictions can result in:
- Increased insurance premiums or complete loss of coverage
- Loss of professional licenses
- Mandatory substance abuse counseling and treatment programs
- Community service and extended probation periods
Finally, if your DUI involved an accident, injury, or a minor in the vehicle, the punishments will increase considerably.
Learn About Your Legal Options from a Pennsylvania DUI Defense Attorney
Multiple DUI convictions can have life-altering consequences. However, defenses may be available depending on the circumstances of your case. An experienced DUI defense attorney from McCormick & Vilushis LLC can challenge the evidence and advocate for a fair outcome. Contact us today for the experienced representation you need.