Second Offense DUI Attorney Chester County

In the state of Pennsylvania, the criminal penalties for a DUI increase from the first DUI conviction to the second, and from the second to the third. Pennsylvania differs from many other states in that the criminal penalties for a DUI conviction vary according to the driver’s blood alcohol content level. The three levels classified under Pennsylvania DUI laws are:

1. .08 percent to .099 percent, classified as BAC per se
2. .10 percent to .159 percent, classified as “high”
3. .16 percent and above, classified as “highest”

A driver convicted of a second DUI in Pennsylvania (within ten years of the first DUI conviction) who tests at the first level of BAC will face the following penalties:

• From five days to six months in jail;
• A fine of $300 to as high as $2,500;
• Court-ordered alcohol safety school;
• The possibility of court-ordered ignition interlock device for one year, and
• Court-ordered community service, as many as 150 hours.

For a second Pennsylvania DUI conviction with the second level of BAC (.10 percent to .159 percent), the minimum jail time is thirty days rather than five days, with the same maximum of six months in jail. The fines increase from a minimum of $750 to a maximum of $5,000. The driver may have the same likelihood of being sentenced to alcohol safety school, a maximum of 150 hours of community service and an ignition interlock device installed on their vehicle for one year. Additionally, the driver may be sentenced to treatment for alcohol addiction.

Finally, a second Pennsylvania DUI conviction with the highest BAC level (.16 percent or higher) will face from 90 days to five years in prison, fines from $1,500 to $10,000, up to 150 hours of community service, a mandatory one year ignition interlock device before license reinstatement, alcohol safety school and alcohol treatment if ordered by the judge.

As far as administrative penalties are concerned, a driver who is convicted of a second DUI in the state of Pennsylvania for either of the first two BAC levels will receive a 12-month suspension of their driver’s license. For the highest BAC level, that suspension increases to 18 months.

Because Pennsylvania is an implied consent state, a driver who refuses a BAC test at the time of their arrest will automatically have their license suspended for a period of one year and three days—separate from the license suspension received if the driver is convicted of a second DUI.

A second offense DUI is classified as a misdemeanor, although if the driver tests at the highest BAC level, it becomes a first degree misdemeanor. While not a felony, a DUI conviction nevertheless becomes a part of the driver’s criminal record. As such, prospective employers can access that record, and finding employment can become difficult. It is important to speak to a Pennsylvania DUI attorney as soon as possible in order to minimize the short and long-term consequences of a DUI conviction.

Contact Our Chester County DUI Defense Attorneys

The DUI defense attorneys of Ciccarelli Law Offices have successfully represented individuals throughout the state of Pennsylvania that have been arrested and charged with DUI. Our Chester County based law firm is based at 304 North High Street, West Chester PA 19380 and serves clients in Kennett Square, Downingtown, West Chester, Coatesville, Exton, Chester Springs, Chadds Ford, Landenberg, Honey Brook, Oxford, Malvern, Parkesburg, Phoenixville and Paoli.

Our legal team is experienced in defending and representing clients in second offense DUI cases in contesting dui stops, dui arrests and dui penalties. You deserve a Pennsylvania DUI lawyer that is available when you need him, treats you with respect, and protects your rights vigorously.

Based in suburban Philadelphia at 304 North High Street, West Chester PA 19380, we make your choice all the clearer with locations throughout the metropolitan Philadelphia Pennsylvania, including Center City Philadelphia, West Chester PA, Malvern (serving Downingtown/Exton PA), Kennett Square PA, Lancaster PA, King of Prussia PA, Plymouth Meeting PA, Radnor and Springfield PA.

We serve Downingtown, Paoli, Media, Norristown, Harrisburg, Lancaster, Lebanon, Reading and Allentown.  For more information or to schedule an appointment with an experienced Pennsylvania DUI Attorney at Ciccarelli Law Offices, by contacting us at (610) 692-8700 or toll free at (877) 529-2422.