Second DUI Offense in Pennsylvania

What Counts as DUI in Pennsylvania?

In Pennsylvania, driving with a blood alcohol content (BAC) of 0.08% or greater — or while under the influence of any controlled substance — constitutes a DUI. Pennsylvania recognizes three levels of DUI based on BAC, each with differing penalties depending on prior offenses:

1. General Impairment: The driver’s BAC is 0.08% to 0.099%.
2. High BAC: The driver’s BAC of 0.10% to 0.159%. Minors, commercial drivers, school vehicle or bus drivers, and drivers who cause accidents resulting in injury or property damage may receive this charge even if their BAC is lower. For commercial drivers, the limit can be as low as 0.04%, and for minors and school vehicle drivers, it can be as low as 0.02%.
3. Highest BAC: The driver’s BAC is 0.16% or higher. Drivers who refuse BAC testing may also receive this charge.

What Happens on Your Second DUI in Pennsylvania?

The penalties for each level of DUI differ based on the number of previous offenses you have had, if any. However, if it has been 10 years or more since the last DUI conviction, the subsequent DUI is treated as a first offense.

These are the penalties for a second offense, but you may face harsher penalties if you have had two or more prior DUIs in Pennsylvania.

Pennsylvania Second DUI Penalties for General Impairment DUI

If your second DUI charge is in the General Impairment category, you may face these penalties:

• An ungraded misdemeanor
• A 12-month driver’s license suspension
• A compulsory ignition interlock on your vehicle for one year
• A jail sentence from five days up to six months
• A $300-$2,500 fine
• A mandate to attend alcohol highway safety school
• A possible order to receive treatment or counseling

Pennsylvania Second DUI Penalties for High BAC DUI

If your second DUI charge is in the High BAC category, you may face these penalties:

• An ungraded misdemeanor
• A 12-month driver’s license suspension
• A compulsory ignition interlock on your vehicle for one year
• A prison sentence of one to six months
• A $750-$5,000 fine
• A mandate to attend alcohol highway safety school
• A possible order to receive treatment or counseling

Pennsylvania Second DUI Penalties for Highest BAC DUI

If your second DUI charge is in the Highest BAC category, you may face these penalties:

• A first-degree misdemeanor
• An 18-month driver’s license suspension
• A compulsory ignition interlock on your vehicle for one year
• A prison sentence of 90 days up to five years
• A $1,500-$10,000 fine
• A mandate to attend alcohol highway safety school
• A possible order to receive treatment or counseling

Along with these penalties, a DUI charge can harm your reputation, relationships and career opportunities. It can also cost you thousands of dollars on top of your fine for rehabilitation and education, license restoration and increased insurance premiums.

How Long Do You Lose Your License for Your Second DUI?

Being charged with a second DUI offense in Pennsylvania may lead to a 12- to 18-month license suspension. The duration is 12 months for a General Impairment or High BAC DUI and 18 months for a Highest BAC DUI.

When the suspension ends, you must install an ignition interlock system in all your vehicles before you may drive. You need to blow into this device before starting your vehicle and at random times while driving to check your BAC. The interlock prevents your vehicle from running if it detects alcohol. You must keep using this device for a year after your license suspension.

The ignition interlock is enforced with further penalties:

• Driving without or interfering with the interlock device results in a 12-month interlock extension.
• Doing this a second time results in another 12-month license suspension followed by another 12-month interlock.

If your license is suspended again for a non-interlock offense during the interlock period, you must serve the remainder of this interlock period after regaining your driving privileges.

How to Avoid Jail Time for Your Second DUI in Pennsylvania

When facing your second DUI charge, avoiding jail time is one of your greatest concerns. Jail time is mandatory for your second DUI in Pennsylvania, with minimum sentences of five, 30 or 90 days, depending on your DUI level. To avoid time behind bars, you must contest the charge or negotiate an alternative penalty.

The sooner you start preparing your defense, the more options you will have available and the stronger the case you can make. If the police have booked you for a second DUI, you should seek legal advice immediately rather than waiting for formal charges or summons. However, even if you have already received charges or summons, a capable attorney may be able to help you avoid or minimize jail time through one or more of the following avenues:

• Challenging your prior DUI
• Negotiating a lesser sentence based on mitigating factors
• Objecting to evidence or procedures in your present case

Consult a Pennsylvania-based DUI attorney for help defending your rights and securing the best outcome in your DUI case.

Why Trust Buzgon Davis Law Offices for DUI Cases in Pennsylvania?

Buzgon Davis Law Offices is a full-service law firm in Lebanon County, Pennsylvania. Our team of attorneys has extensive training, experience and expertise in providing professional advice and representation in DUI cases.

As a firm with a deep local history, we are well-acquainted with Pennsylvania’s DUI laws and seasoned in defending clients against DUI charges. Our attorneys have a track record of identifying opportunities to drop charges or secure lesser sentences. We have received multiple awards recognizing our team’s expertise and achievements, including several Best of Lebanon Valley awards, multiple “Super Lawyers” recognitions and a membership in the Multi-Million Dollar Advocates Club.

Browse our DUI attorneys’ credentials for further insights into the legal expertise at Buzgon Davis Law Offices.

Contact Buzgon Davis Law Offices for Help With Your DUI Charge

If you’re facing a second DUI charge in Pennsylvania, you need reliable legal advice and representation to protect yourself. The award-winning DUI attorneys at Buzgon Davis Law Offices are here to defend your rights.

Our sharp legal team will find any weaknesses in the case against you and contest them to have your charge dropped. If there is no way to overcome this DUI, our attorneys will pursue every avenue to minimize your penalties for the best possible outcome. Buzgon Davis Law Offices is your choice for top legal representation in and around Lebanon County, Pennsylvania.

Contact Buzgon Davis Law Offices to schedule a consultation with a top DUI attorney today.