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Second Offense DUI Penalties

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If have a prior DUI conviction, you already know that the second time around, you’re facing stiffer penalties, including mandatory jail time, license suspension, and thousands of dollars in fines. The penalties for a Second Offense DUI in Pennsylvania are as follows:

Second Offense DUI Penalties

The best roulette and poker on our site lucky 88 slots. Go to and get big bonuses! The specific consequences you face for a Second Offense DUI conviction will be based on your Blood Alcohol Concentration (or BAC) – the percentage of your blood that constituted alcohol within 2 hours of when you operated a motor vehicle. The higher your BAC (i.e., the greater the percentage of you blood volume that was alcohol), the higher the penalties you will face. Science and experience tell us that the more of your blood that is alcohol, the more impaired you are as a driver; hence the penalties correspond to your BAC level. The theory is, you are a greater danger to the public the higher your BAC. The Commonwealth of Pennsylvania defines three tiers of impairment based on your BAC:

Tier One—General Impairment
  • A.C. = .08 to .099%
  • No property damage or injury
  • Incapable of safe driving

Penalties—Ungraded Misdemeanor BENCH TRIAL ONLY

  • 5 days mandatory minimum and maximum sentence of up to 6 months prison
  • 12 months license suspension (Ignition Interlock eligible after 6 months)
  • Fines between $300 and $2,500
  • $100 surcharge
  • $100 Substance Abuse Education and Demand Reduction Fund.
  • Drug & Alcohol Evaluation—Treatment when ordered
  • Alcohol safe driving program
  • ARD possible under limited circumstances
Tier Two—High Rate of Alcohol
  • BAC = .10 to 0.159%
  • If Underage BAC =.02 to 0.159%
  • With Accident BAC =.08 to .099%
  • School Bus Driver BAC = 0.02% to .159%
  • Commercial Vehicle BAC = .04 to 0.159%

Penalties—Ungraded Misdemeanor BENCH TRIAL ONLY

  • 30 days mandatory minimum and maximum sentence of up to 6 months prison
  • 12 months license suspension (Ignition Interlock eligible after 6 months)
  • Fines between $750 and $5,000
  • $100 surcharge
  • $100 Substance Abuse Education and Demand Reduction Fund.
  • Drug & Alcohol Evaluation—Treatment when ordered
  • Alcohol safe driving program
Tier Three—Highest Rate of Alcohol
  • BAC of .16% or higher
  • Refusal of chemical test
  • Controlled substance DUI

Penalties—First Degree Misdemeanor JURY TRIAL AVAILABLE

  • 90 days mandatory minimum and maximum sentence of up to 5 years prison
  • 18 months license suspension (Ignition Interlock eligible after 9 months)
  • Fines of $1,500 to $10,000
  • $100 surcharge
  • $300 Substance Abuse Education and Demand Reduction Fund.
  • Drug & Alcohol Evaluation—Treatment when ordered
  • Alcohol safe driving program
Other Important Things You Should be Aware Of
  • If you refuse to submit to a chemical test, your level of offense will automatically fall under the Highest Impairment (3rd Tier) category and you will face the highest penalties regardless of your actual BAC.
  • Any DUI conviction goes on your permanent, publicly accessible criminal record. Future employers, landlords, lenders, and anyone with an interest in your past will be able to access it – including your automobile insurance carrier. Drivers convicted of DUI will see a marked increase in their car insurance rates, often resulting in placement in an assigned risk program or can be outright dropped by their insurance carrier altogether.
  • Effective August 2017, the court will require you to use an ignition interlock device on your car. This device, which starts your car after testing and clearing your breath of alcohol content, must be paid for out of your own pocket at a typical price of between $800 and $1,200.
  • If your case involves an accident, which causes injury or death, you may be liable for sentencing enhancements that result in additional penalties, as well as potentially exposing you to civil liability for damages to the other people involved in the accident.

The penalties that come with a second offense DUI are even more serious. It is incumbent upon you to have an experienced, aggressive DUI lawyer in your corner to fight for your driver’s license, your civil rights, and your freedom. Contact Bompadre Law for your free initial case evaluation and put one of Pennsylvania’s most experienced DUI attorneys to work defending your rights today.

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(484) 505-0188