Pennsylvania DUI Penalties: First, Second and Third Offenses

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:

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

First Offense DUI Penalties

If you have been arrested for a DUI and this is your first offense, you likely have many questions regarding the consequences you may face and alternative options for reducing those consequences. During this time, it is important to speak to an experienced DUI attorney. Your attorney will be able to help answer your questions and fight aggressively for your future after a first offense DUI.

In Chester County, as well as the counties of Delaware, Lancaster, Bucks, Montgomery and Philadelphia, some drivers charged with DUI may be eligible for the ARD (Accelerated Rehabilitative Disposition) program. An early intervention program for non-violent offenders who either have no existing prior criminal record or a very limited prior criminal record, the ARD program offers an alternative to traditional DUI sentencing. Candidates for the ARD program are screened carefully by the Office of the District Attorney.

The ARD program is meant to rehabilitate participants rather than punish them, and the theory behind the program is that early intervention can prevent future, similar incidents. Since public safety is an issue with DUI offenders, allowing offenders to receive help contributes to that safety. DUI offenders are able to receive immediate treatment and be placed in alcohol education classes. In some cases the offender must complete community service as a condition of the ARD program.

Driver’s License Suspension and the ARD Program

The defendant’s drivers’ license will be suspended for a varying period of time, however the maximum will still be less than the one-year suspension required following a DUI conviction. Specifically, for a BAC between .08 percent and .099 percent, there is no license suspension. For a BAC between .10 percent and .159 percent, there is a 30 day license suspension. A BAC between .16 percent and .299 percent brings a 60 day license suspension and for the driver whose BAC is above .30 percent, a one year ignition interlock will be required in addition to the 60 day driver’s license suspension

Second Offense DUI Penalties

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.

Second DUI

When a person has been arrested for driving under the influence (DUI) of alcohol or a controlled substance for the first time, he or she may be able to use his or her lack of a prior criminal record as evidence that the alleged offense was a single isolated incident deserving of some leniency. However, judges and juries may be more skeptical when an alleged offender has been arrested for a second offense of drunk driving.

If convicted of a second DUI charge, a person can expect increased penalties including bigger fines and longer terms of imprisonment. An alleged offender could also have his or her license suspended and the effect of having this type of conviction on his or her criminal record may cause additional employment complications.

West Chester Second DUI Lawyer

If you have been charged with drunk driving in Pennsylvania for the second time, you will want to seek experienced legal representation as soon as possible. Ciccarelli Law Offices thoroughly investigates these cases and fight to get criminal charges reduced or completely dismissed.

Our Chester County second DUI attorneys work as a team to help clients in and around West Chester, including such communities as West Goshen, Phoenixville, Coatesville, Easttown, and West Caln. You can receive a complete evaluation of your case as soon as call (610) 692-8700 to schedule a free, confidential consultation.

Chester County Second DUI Information Center

Penalties for Second DUI in Pennsylvania

Under 75 Penn. Cons. Stat. § 3802, a person cannot drive, operate, or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that he or she is rendered incapable of safely driving, operating, or being in actual physical control of the movement of the vehicle. In most DUI cases, a driver’s intoxication is proven through a blood or breath test that determines the alleged offender’s alcohol concentration.

The breath or blood alcohol concentration (BAC) will result in one of three classifications for the DUI offense:

General Impairment — BAC of at least 0.08 percent but less than 0.10 percent;
High Rate of Alcohol — BAC of at least 0.10 percent but less than 0.16 percent; or
Highest Rate of Alcohol — BAC of 0.16 percent or higher.

Refusal to submit to chemical resting or DUI involving a controlled substance will be classified as the highest rate of impairment. The classification of the DUI will affect the nature of the possible penalties, and an alleged offender may receive the following punishments if he or she is convicted:

General Impairment:
- Misdemeanor;
- Term of imprisonment of not less than five days and not more than six months;
- Fine of not less than $300 and not more than $2,500; and
- License suspended for 12 months.
High Rate of Alcohol:
- Misdemeanor;
- Term of imprisonment of not less than 30 days and not more than six months;
- Fine of not less than $750 and not more than $5,000; and
- License suspended for 12 months.
Highest Rate of Alcohol:
- First-degree misdemeanor;
- Term of imprisonment of not less than 90 days and not more than 60 months;
- Fine of not less than $1,500 and not more than $10,000; and
- License suspended for 18 months.

People who are convicted will also have to attend an alcohol safety school approved by the Pennsylvania Department of Transportation (PennDOT) and comply with all drug and alcohol treatment requirements imposed 75 Penn. Cons. Stat. §§ 3814 and 3815.

Ignition Interlock Requirements for Chester County Second DUI Offenses

75 Penn. Cons. Stat. § 3805 states that a person who violates 75 Penn. Cons. Stat. § 3802 relating to DUI and has a prior DUI offense within the past 10 years will be required to install an ignition interlock device on each motor vehicle her or she owns or is registered to him or her. This is mandatory for alleged offenders in highest rate of alcohol cases.

People who are convicted of DUI for a second time must maintain these devices in their vehicles for one year before they can be issued an unrestricted driver’s license. The costs that PennDOT estimates to be $1,000 per system for installing and maintaining ignition interlock devices are the responsibility of the alleged offenders.

Alleged offenders may be able to qualify for one of two exemptions under Pennsylvania law:

Economic Hardship Exemption 75 Penn. Cons. Stat. § 3805(e) — A person may apply to PennDOT for an exemption to having to install an ignition interlock system on each of his or her motor vehicles if he or she establishes that such a requirement would result in undue financial hardship. If approved, the alleged offender would only need to install an ignition interlock system on one of his or her motor vehicles.
Employment Exemption, 75 Penn. Cons. Stat. § 3805(f) — An alleged offender may drive, operate, or be in actual physical control of the movement of a motor vehicle in the course and scope of employment without installation of an ignition interlock system if his or her employer has been notified that the employee is restricted and the alleged offender has proof of the notification in the employee’s possession while driving, operating, or being in actual physical control of the movement of the employer’s motor vehicle.

Pennsylvania Second DUI Defenses

Certain police errors or violations of the alleged offender’s rights can result in DUI charges being significantly reduced or totally dismissed. If you have been arrested for your second drunk driving offense, do not plead guilty without first speaking with a knowledgeable criminal lawyer.

You should have an attorney see whether any of the possible issues apply to your case:

No Probable Cause — Police are not allowed to stop vehicles based on anonymous reports or without having seen some type of traffic violation;
Testing Issues — Field sobriety tests may have been improperly administered or chemical tests may have been conducted by officers who were not licensed or using equipment that was not properly calibrated;
No Warnings — Evidence may become inadmissible if a police officer failed to read an alleged offender a Miranda or O’Connell Warning;
Dash Cam Video — The observations a police officer alleges in his or her written report may not be supported by the recording of the actual traffic stop; or
External Factors — Weather conditions or an alleged offender’s medical issues are two examples of aspects that may lead to a police officer concluding a driver is intoxicated when he or she is not.

Find a Second DUI Lawyer in West Chester

Were you arrested for drunk driving after having already been convicted of DUI once before? It is critical that you immediately obtain skilled legal counsel.

Ciccarelli Law Offices fights on behalf of clients throughout Chester County, including Montgomery County, Delaware County, Lancaster County, and the greater Philadelphia area. Our Chester County second DUI attorneys can review your case when you call (610) 692-8700 today to take advantage of a free consultation.

Third Offense DUI Penalties

Those charged with a third DUI in the state of Pennsylvania could be in serious trouble, which absolutely requires speaking to a highly qualified Pennsylvania DUI attorney. Although the legal process may be much the same as for prior DUI charges, the penalties and consequences are likely to be significantly increased. While the Fifth Amendment allows those ordered to submit to a BAC test the right to say “no,” Pennsylvania laws allow the police to obtain a warrant to run DUI tests which cannot be refused. Refusing a BAC test could result in immediate suspension of the person’s driver’s license.There are three “tiers” for Pennsylvania DUI penalties: the lowest tier penalty is for a BAC of .08 to .99, the next highest tier penalty is for a BAC of .10 to .159, and the highest tier penalty is for a BAC of .16 or more. Under the lowest tier of charges, a third DUI offense can result in the following:

From $500-$5,000 in fines;
From ten days to twenty-four months in prison;
A license suspension for one year;
The potential for a court-ordered alcohol or drug treatment program, and
A year of having an ignition interlock device installed on the vehicle.

A third offense for the middle tier adds six months to the license suspension, an increase in prison time from 90 days to sixty months, an increase in fines from $1,500 to $10,000. The potential for a court-ordered alcohol or drug treatment program as well as a year of an ignition interlock device remain the same. The highest tier third offense brings a license suspension for a year and a half, from twelve to sixty months in prison, fines up to $10,000, the potential for a court-ordered alcohol or drug treatment, and the installation of an ignition interlock device for one year. There is a “lookback” period of ten years, when determining whether a DUI is a third offense.

Third or Subsequent DUI

Any arrest for driving under the influence (DUI) in Pennsylvania carries significant consequences. However, while courts can be more sympathetic to people facing drunk driving charges for the first time, punishments can be much more severe if a person is facing DUI charges for the third time in a 10-year period.

A conviction for a third or subsequent drunk driving arrest can have a devastating impact on a person’s current or future employment as well as his or her basic livelihood. In these types of cases, it can be extremely difficult to get a prosecutor to negotiate any sort of lesser sentence.

West Chester Third or Subsequent DUI Lawyer

If you have been arrested for DUI and you had two or more previous convictions, you should contact an experienced criminal defense attorney as soon as possible. Ciccarelli Law Offices represents clients facing DUI charges in such communities throughout Chester County, including Coatesville, Easttown, Phoenixville, West Caln, West Chester, and West Goshen.

Our firm also serves people in Delaware County, Lancaster County, and Montgomery County as well as the greater Philadelphia area. Call (610) 692-8700 right now to schedule a free, no obligation consultation to have us review your case and discuss your legal options.

Overview of Third or Subsequent DUI in Pennsylvania

Third or Subsequent DUI Penalties in Chester County

The severity of DUI penalties in Pennsylvania depend on the driver’s blood alcohol concentration (BAC). Under Pennsylvania Consolidated Statute § 3804, DUI offenses are broken into three levels:

General Impairment Penalties (.08 to .099):
- Second degree misdemeanor
- License suspended for 12 months
- Minimum 10 days and up to two years imprisonment
- Ignition interlock systems installed for one year on every motor vehicle you own, operate, or lease
- Minimum $500 fine up to $5,000
- Successful completion of the alcohol highway safety school
- Comply with all drug and alcohol treatment requirements imposed under Pennsylvania Consolidated Statutes §§ 3814 and 3815
High BAC Penalties (.10 to .159):
- First degree misdemeanor
- License suspended for 18 months
- Minimum 90 days and up to five years imprisonment
- Ignition interlock systems installed for one year on every motor vehicle you own, operate, or lease
- Minimum $1,500 fine up to $10,000
- Comply with all drug and alcohol treatment requirements imposed under Pennsylvania Consolidated Statutes §§ 3814 and 3815
Highest BAC Penalties (.16 or higher):
- First degree misdemeanor
- License suspended for 18 months
- Minimum one year and up to five years imprisonment
- Ignition interlock systems installed for one year on every motor vehicle you own, operate, or lease
- Minimum $2,500 fine up to $10,000
- Comply with all drug and alcohol treatment requirements imposed under Pennsylvania Consolidated Statutes §§ 3814 and 3815

Pennsylvania Ignition Interlock Exemptions and Penalties

Drivers who are ordered to install ignition interlock devices in their automobiles can no longer have their licenses suspended for an additional one year in lieu of obtaining such a device. Drivers are generally required to have ignition interlock devices installed for one year before their privileges can be restored.

There are, however, two exemptions to the ignition interlock requirement:

Employment Exemption — Some ignition interlock restricted drivers may be allowed to operate employer-owned vehicles, but only in the course and scope of employment. The vehicle cannot be a school bus, school vehicle, or large passenger vehicle. The driver is also required to notify the employer of his or her ignition interlock restriction and he or she must carry proof of employer notification on a Pennsylvania Department of Transportation (PennDOT) form.
Financial Hardship Exemption — Ignition interlock devices are leased from vendors and costs can vary, depending on the provider. PennDOT estimates that each system costs approximately $1,000, but drivers can apply for an exemption so they are only required to install the device on one vehicle instead of all vehicles.

Additionally, there are penalties for Pennsylvania drivers who violate ignition interlock requirements:

Conviction for driving without ignition interlock device or tampering with the ignition interlock device — Either of these charges result in a 12 month extension of the ignition interlock period from the date of conviction for the first offense. Driving privileges will be suspended for 12 months for second or subsequent offenses, and those drivers will have to comply with ignition interlock for 12 months upon restoration. If a person’s driving privileges are suspended during the ignition interlock period for a non-ignition interlock violation, he or she will have to complete the ignition interlock period upon restoration.

Chester County Defenses to Third or Subsequent DUI Charges

If you are facing a third or subsequent drunk driving charge, your attorney may be able to invoke any one of a number of defenses that can help get the charges against you reduced or possibly even dismissed. Some of these defenses include, but are not limited to:

Chemical tests of your blood, urine, or breath were improperly handled
Constitutional rights violations
Police officer failed to issue O’Connell Warning
Procedural violations
You were illegally stopped
You were not driving the vehicle
Your field sobriety tests were improperly administered

Find the Best Third or Subsequent DUI Lawyer in West Chester

Ciccarelli Law Offices handles all types of DUI cases for clients all over Chester County. Additionally, our firm also serves the greater Philadelphia area as well as Montgomery County, Delaware County, and Lancaster County.

Our criminal defense attorneys can review your case and will work tirelessly to achieve the most favorable outcome to your case with the fewest possible punishments. We offer a free, confidential consultation to discuss the charges against you and see how we can help when you call (610) 692-8700 today.

FURTHER CONSEQUENCES OF A THIRD DUI

Aside from spending time in jail or prison, losing your license, paying significant amounts of fees and fines, attending drug or alcohol treatment and dealing with an ignition interlock device, a person in Pennsylvania who is looking at a third offense DUI will also suffer additional consequences. A conviction for a third DUI makes it likely auto insurance will be dropped or that the rates will skyrocket to a prohibitively expensive level. Without a license, employment may become impossible, and even future employment can become difficult or impossible with a third DUI conviction on a person’s record. Obtaining a professional license, government-based student loan or even owning a firearm may be barred to the person with a third DUI conviction.

Being convicted of a third offense DUI in the state of Pennsylvania can alter your life forever. Speaking to a knowledgeable, experienced DUI defense attorney could well be your only avenue for lessening some of the worst consequences of such a conviction. Despite the fact this is your third arrest for DUI, your attorney can still offer a valid defense on your behalf. Contact our DUI Legal Team now at (610) 692-8700.