Is a third DUI a felony in Pennsylvania? What is the punishment if you are convicted? Can you avoid jail time? And what happens when you are arrested? If you are facing a third DUI offense in Pennsylvania, it’s crucial to try to get the charges dropped or have the sentence reduced. These offenses carry harsher sentences, considering you have two prior convictions. Thus, it would be ideal to hire a criminal defense attorney.
This guide discusses DUI offenses in Pennsylvania, including the impairment rates and penalties. You will also learn some possible defenses and how a lawyer can help.
Schedule a ConsultationA third DUI offense occurs when you have been arrested and charged with a third DUI within the past 10 years. In other words, if you have been convicted of two DUI offenses and arrested for a third within 10 years, you may be charged with a third DUI offense. The minimum sentence for a third DUI is usually harsher than the previous two.
DUI violations in Pennsylvania are based on a tiered system. This system imposes penalties depending on your blood alcohol concentration (BAC) and the number of times you have been convicted of a DUI offense. The higher your BAC, the harsher your punishment. Similarly, the more DUI convictions you have, the higher the chances of facing more severe sanctions. When the DUI involves a controlled substance, such as opioids, it will be treated the same as the highest BAC offense, regardless of the level of impairment.
The DUI impairment rate determines the legal limit and associated penalties when you exceed the limit. There are three impairment rates — general impairment, high BAC and highest BAC. Let’s examine each in detail:
The BAC for general impairment is 0.08%-0.099%. When you have two prior DUI convictions, DUIs within this range are generally treated as second-degree misdemeanors with the following sentences:
If you refuse chemical testing, you may be charged under general impairment but receive the highest BAC rate sentence.
The high BAC rate is 0.10-0.159%. If you have two previous DUI convictions, DUIs within this category are generally treated as first-degree misdemeanors and carry the following minimum sentences:
If you have three or more prior DUIs, the offense is treated as a third-degree felony. In this case, jail time could be from one to seven years. Individuals under the age of 21 are usually charged with high BAC even if they fall within the general impairment rate. However, if they test for the highest BAC rate, they will be charged and sentenced under the highest BAC penalties if found guilty.
The highest BAC rate is 0.16% and above. When you have two prior DUI convictions, DUIs within this category are treated as third-degree felonies with the following sentences:
If you have three or more prior DUIs, the offense is elevated to a second-degree felony, and the jail time extends to one to 10 years. Again, as earlier indicated, individuals intoxicated by controlled substances and drugs are charged and sentenced under the highest BAC rate.
There are several possible defenses for third-time DUI charges, depending on the facts of the case. These include:
It’s crucial to consult an experienced attorney who understands the Pennsylvania DUI laws and can help evaluate your circumstances. They can provide tailored advice and develop a strategy that best fits your situation.
Facing a third DUI offense is a serious matter that can have significant legal, financial and personal consequences. Here are reasons why you need a criminal defense lawyer:
DUI laws can be complex, and a criminal defense attorney can help you understand them. They can explain the charge and possible sentences, providing insight into the case. Having sufficient knowledge of the matter can help you make informed decisions and protect your interests. For example, a lawyer can advise you on what to do or refrain from doing to avoid implicating yourself. An experienced attorney can help you understand the potential consequences and work to minimize them.
A criminal defense attorney can value your case, identify possible defenses and develop a strategy tailored to your situation. They can build a strong case, potentially reducing your charges or dismissing the action. If going to trial is not in your best interest, a lawyer may be able to negotiate plea deals on your behalf. You will likely secure more favorable terms with the help of a lawyer than by yourself.
The legal process can be technical and overwhelming, especially if you’re unfamiliar with court procedures. A lawyer can manage all aspects of your case and ensure your rights are upheld throughout the process. They can advocate for you and challenge any violations of your constitutional rights during the arrest or prosecution. If you are convicted, an attorney can assist with the appeals process if there are grounds to challenge the verdict or sentence.
Buzgon Davis Law Offices is a leading criminal defense law firm in Pennsylvania. For over 50 years, we have provided effective legal solutions to individuals in Lebanon, Palmyra and beyond. We have gained tremendous experience from handling complex DUI cases and can make our resources available to you. We aim to help you resolve your legal issues with the best representation possible.
At Buzgon Davis Law Offices, we believe every case is unique. We leverage previous experience but give each matter special attention, enabling us to provide personalized and practical solutions. Our lawyers listen and dedicate time to understanding your needs.
Finally, we treat our clients like family. We know how challenging it can be when facing criminal charges, so we make you feel at home and address the legal issue without judgment. All conversations are covered under attorney-client privilege as the law requires — you are in safe hands.
Contact our DUI attorneys for more information and to discuss your specific case.
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