The penalties for a second DUI depend on your blood alcohol content (BAC) at the time of the arrest. If you have a low BAC, the highest amount of jail time you could receive is six months. This maximum sentence can jump to five years in prison for those with the highest BAC levels.
If you were arrested for a second DUI in Pennsylvania, our DUI lawyer may be able to help. We can help you manage the legal process, negotiate a plea deal, and build a case against your charges.
Penalties for a Second DUI With General Impairment
According to the Pennsylvania Department of Transportation (PennDOT), there are three categories of DUI cases, general impairment, high BAC, and highest BAC. The general impairment category covers drivers who had a BAC of .08 to .099% at the time of their arrest. This category includes cases where the police could not accurately determine the BAC of the driver, too.
This offense is an ungraded misdemeanor. Potential penalties for those who already have a DUI on their record and had a low BAC at the time of their second arrest include:
- 12 months license suspension
- Up to six months in jail
- Up to $2,500 in fines
- One-year ignition interlock device
- Alcohol highway safety courses
Penalties for a Second DUI With a High BAC
This offense is also an ungraded misdemeanor. A BAC from .10 to .159% can result in high BAC penalties, including:
- An ungraded misdemeanor
- 12 months license suspension
- Up to six months in prison
- Up to $5,000 in fines
- One-year ignition interlock device
- Alcohol highway safety courses
Certain classes of drivers may be placed in the high BAC category, regardless of their BAC at the time of the arrest. These include:
- Minors
- Commercial vehicle drivers
- School bus drivers
Penalties for a Second DUI With the Highest BAC Level
If your BAC was .16% or higher at the time of your arrest, you fall into the highest BAC category. Those who refuse breathalyzer tests or who used controlled substances while driving are considered highest level BAC offenders, as well.
This offense is a first-degree misdemeanor. These are the possible penalties for the highest BAC category in Pennsylvania:
- 18-month license suspension
- Up to five years in prison
- Up to $10,000 in fines
- One-year ignition interlock
- Alcohol highway safety courses
Can You Avoid These DUI Penalties?
DUIs don’t always end with a conviction or jail time in Pennsylvania. There are a few possible outcomes for a DUI case:
- Your lawyer deems some evidence as inadmissible: It’s possible for a DUI lawyer to argue that some evidence used in your case is inadmissible. For example, they could claim that your BAC was inaccurate. If they succeed, the judge would throw out the test, and your charges could be dropped.
- You’re not found guilty: A public defender or private attorney may successfully argue that you aren’t guilty. If this occurs, your charges will be dropped.
- You take a plea deal to reduce your charges: During a plea deal, someone convicted of DUI pleads guilty to negotiate the terms of their sentencing. Doing so could result in lessened fines or reduced jail time.
A lawyer familiar with DUI laws could act as your legal representative. They can advise you on your case, and explain what your legal options are.
What Can a DUI Lawyer Do for You?
Everyone has a right to legal representation. A DUI lawyer can provide you with the following services:
- Argue that certain pieces of evidence are inadmissible
- Review your case to see if your rights were violated
- Discuss negotiating a plea deal with you
- Act as your representative in the courtroom
- Build a legal case against your charges
When seeking a DUI lawyer, it’s important to ask yourself a few questions:
- What’s it like to work with this firm? You can look at client reviews to determine if the firm’s team is compassionate, dedicated, and understanding.
- Do they work on DUI cases? Review the firm’s practice area – not every criminal defense firm handles DUI cases.
- Are they local? Some firms have law offices across the country. Others only represent clients in a certain state or city. Identify a firm that’s within your geographic region.
- Are they knowledgeable? Many firms offer free case reviews. During this initial meeting, ask them about specific aspects of your case. If they appear knowledgeable about DUI law, you can take that as a positive sign.
Work With a Pennsylvania DUI Lawyer Today
If you were recently charged with a second DUI, our team may be able to help. David McKenzie, our lead attorney, founded McKenzie Law Firm, P.C. in 2010 and has experience handling DUI cases like yours.
Our team can support you as you navigate the aftermath of a second DUI. Throughout the case, we’ll keep you updated – we’re never more than a phone call away for our clients. Contact our offices for an initial consultation today.
