Pennsylvania uses a tiered system to determine DUI penalties. The consequences are based on how much alcohol was in your system, whether there were any aggravating circumstances, and how long ago your prior DUI occurred. Understanding second offense DUI penalties is the key to making informed decisions about your defense.
How Pennsylvania Categorizes DUI Offenses
Pennsylvania’s DUI laws are divided into three tiers, based on blood alcohol concentration (BAC):
- General Impairment – BAC of 0.08 percent to 0.099 percent
- High Rate – BAC of 0.10 percent to 0.159 percent
- Highest Rate – BAC of 0.16 percent and above, or DUI involving drugs, or refusal to submit to a chemical test of breath
Each tier carries different penalties, and a second DUI conviction will automatically fall into a more severe sentencing category than a first. The state uses a 10-year lookback period to determine if a DUI is considered a second offense.
If your first conviction occurred within the past 10 years, the court will treat the new charge as a second offense. However, past participation in the Accelerated Rehabilitative Disposition (ARD) program as a result of a previous DUI charge cannot be considered a prior offense for sentencing purposes, according to a recent ruling by the Pennsylvania Supreme Court.
Penalties for a Second DUI by Tier
Penalties for a second DUI vary depending on your BAC level at the time of arrest and whether any aggravating factors were present.
General Impairment (0.08 Percent–0.099 Percent)
If your BAC falls within the general impairment range, you’ll face up to six months in jail and fines of up to $2,500. Your driver’s license will be suspended for 12 months, and you must install an ignition interlock device for one year. The court may order you to attend alcohol highway safety school. In some cases, you may also be required to complete a treatment program.
High Rate (0.10 Percent–0.159 Percent)
A second DUI with a high rate BAC is punished by up to six months in jail and fines of up $5,000. Your driver’s license will be suspended for 12 months, and you must install an ignition interlock device for one year. You’ll also be required to complete alcohol highway safety school. Depending on your prior record and whether the court deems it necessary, you may be ordered into a treatment program.
Highest Rate (0.16 Percent and Above or Drugs)
A second DUI involving a very high BAC, drugs, or refusal to submit to a chemical test of breath carries the harshest penalties. You face up to five years in prison and $10,000 in fines. Your license will be suspended for 18 months. Once eligible, you’ll need to install an ignition interlock device for at least one year. Completion of alcohol highway safety school is required, and the court will also require participation in a treatment program.
Additional Consequences of a Second DUI Conviction
In addition to jail time, fines, and license suspension, a second DUI can lead to other long-term consequences. First, a conviction is part of your permanent criminal record. Your record can affect future employment opportunities, housing applications, and professional licensing. If you’re not a U.S. citizen, you may also face immigration consequences.
You can also expect a second DUI to lead to significantly higher auto insurance premiums. Some insurance companies may cancel your policy altogether, forcing you to seek high-risk coverage. When you add up the cost of court fees, highway safety school, fines, and other incidental costs, the financial impact can be overwhelming.
Talk to a Pennsylvania DUI Defense Attorney Today
Fortunately, you have options, even if this is your second DUI. You may be able to challenge whether the traffic stop was legal or the chemical test results. In some cases, your attorney can challenge whether your prior offense qualifies under the 10-year lookback period.
If you’ve been charged with a second DUI in Pennsylvania, McCormick & Vilushis LLC can help. Contact us today to get started.