2nd DUI Offense in Pennsylvania
Pennsylvania has a 10-year “look back” period for establishing prior DUIs. Along with convictions, a previous ARD for DUI will also count toward prior DUI convictions if completed within the past 10 years.
Many first and second DUIs are ungraded misdemeanors. However, in 2012 the PA legislature enacted an enhancement to the criminal code which allows for more severe penalties when a passenger in the accused driver’s car is a minor under 18 years old. In these cases, the driver will be charged with a misdemeanor of the first degree, and if convicted, (plead or found guilty) will face:
- 1st Offense w/ Minor: Additional fine of $1,000 plus 100 hours of community service.
- 2nd Offense w/ Minor: Additional fine of $2,500 plus 1 to 6 months incarceration.
- 3rd Offense w/ Minor: Minimum of 6 months to maximum of 2 years incarceration.
To avoid these harsh penalties and the penalties listed in the chart below, you will need a defense attorney on your side as soon as possible so that the charges can be successfully fought against.
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2nd DUI Penalties in PA
|BAC Tier||Jail Time||License Suspension||Fine||Program||Interlock (IID)|
|.08 to .099||5 days to 6 months||1 year||$300 – $2,500||—||1 year|
|.10 to .159||30 days to 6 months||1 year||$750 – $5,000||Alcohol Safety School||1 year|
|.16 or higher||90 days to 5 years||1.5 years||$1,500 – $10,000||Alcohol Safety School||1 year|
In some counties, it may be possible to lessen charges from a DUI to reckless endangerment or reckless driving. This is normally accomplished when your defense attorney is able to show the prosecution significant weaknesses in the case, or in other specific circumstances. Having a reckless endangerment or reckless driving conviction instead of a DUI can be a favorable outcome in certain situations. Insurance premiums are less likely to increase dramatically after a reckless driving offense, employment opportunities will not be as limited, and you may not face any license suspension. In addition, the fines for reckless endangerment or reckless driving can be less than those possible under a DUI conviction.
To protect all of your options and rights under Pennsylvania law, it is crucial to have a qualified and experienced DUI defense attorney in your corner before your preliminary hearing.
There are several proven defenses to these charges, and Tibbott & Richardson has successfully used these defenses for our clients. Contact or call us today to receive a free evaluation of your case. Allegheny County: 412-690-0225 or Cambria County: 814-419-6440.