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Facing a Second DUI Charge in PA: What You Need to Know

Pennsylvania has been ramping up its efforts to eliminate driving under the influence over the past decade, and has introduced stricter penalties for both higher blood alcohol concentration (BAC) levels and subsequent offenses.

To begin with, the penalties you face will vary depending on the tier classification of DUI. Pennsylvania considers a BAC between .08 percent and .099 percent general impairment, while .10 percent to .159 percent would be classified as high BAC and anything over .16 percent would be highest BAC. The limit for offenders under 21 years of age is .02 percent.

If you are convicted of a second DUI, you face the following penalties:

  • License suspension for one year
  • Jail time of five days to six months
  • Fine ranging from $300 to $2,500
  • Mandatory ignition interlock system for one year
  • Mandatory drug and alcohol treatment
  • Mandatory alcohol highway safety school

These penalties only reflect a conviction for general impairment, however. For a high BAC, a jail time sentence starts at 30 days, and the fine ranges from $750 to $5,000. And with a highest BAC, license suspension lasts for 18 months, jail time ranges from 90 days to five years, the fine ranges from $1,500 to $10,000 and you are slapped with a first degree misdemeanor conviction which will preclude you from owning or possessing firearms.

Penalties for a third DUI conviction are exponentially more severe. For a general impairment conviction, they start at:

  • Second degree misdemeanor charge
  • Suspension of license for one year
  • Jail time of 10 days to two years
  • Fine ranging from $500 to $5,000
  • Mandatory ignition interlock system for one year
  • Mandatory drug and alcohol treatment
  • Mandatory alcohol highway safety school

In addition, for a high BAC conviction, license suspension lasts for 18 months, jail time ranges from 90 days to five years, and the fine ranges from $1,500 to $10,000. For a highest BAC conviction, jail time starts at one year and the fine starts at $2,500.

To learn more about the BAC tiers and the variables in their penalties, speak with Reading DUI defense attorney David R. Eshelman.

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