Getting your first DUI is a traffic offense with serious consequences for you. But if you are unfortunate enough to be arrested and charged for a second DUI, you will pay a heavy price if convicted. If the second offense occurs more than ten years after the first dui arrest or ARD than it would be treated as a first offense for sentencing purposes.
If you are arrested and convicted for a second offense dui, the penalties can vary depending on a number of factors.Your most relevant questions will be, Will I lose my license and for how long? Is jail time a possibility? Let’s take a look at what you can expect with a second DUI conviction.
What Are the Penalties For Second Offense DUI In Pennsylvania?
Pennsylvania has a 10-year ‘lookback period,’ which means that if you are arrested for a second DUI offense within 10 years of your first offense sentencing, the penalties and possible jail time are much harsher. However, if your second DUI offense occurred more than 10 years after your dui sentencing date, your case will be treated as a first-time DUI offense, with those specific penalties.
There is a three-tiered penalty system in place by the Pennsylvania legislature that determines the fines and penalties for a SECOND DUI OFFENSE based on your blood-alcohol content (BAC. As with all dui offenses you must complete evaluations, treatment programs and safety school as well as potential community service.:
- BAC of .08 percent to .099 percent – Five days incarceration to a maximum six months probation, a fine between $300 and $2,500, and driver’s license suspension for 12 months.
- BAC of .10 percent to .159 percent – 30 days incarceration to six months probation, a fine between $750 and $5,000, and driver’s license suspension for 12 months.
- BAC of .16 percent or higher – 90 days incarceration to five years probation, a fine between $1,500 and $10,000, and driver’s license suspension for 18 months.
REFUSAL: One other important factor to remember is that if you refuse to take a chemical test when you are pulled over for any dui, first, second or third, Penndot will send you a letter of suspension. You then have thirty days to submit your license to Penndot unless you appeal the suspension and refusal accusations within that thirty-day window.
IGNITION INTERLOCK LICENSE: When you are convicted of a second offense DUI you will suffer multiple layers of license suspension. However, with the new IGNITION INTERLOCK LICENSE, suspension penalties can be significantly reduced, saving your job and preventing further anxiety in your life.
Don’t Delay Getting Legal Help
A second offense DUI within 10 years can have long-lasting consequences, so protect your rights and your driver’s license. Contact the Law Offices of Steven F. O’Meara at 610-565-9200 to learn how we can help with your DUI case.