Learn about how Pennsylvania defines “driving under the influence” and the consequences of a second DUI conviction.
Pennsylvania's DUI law prohibits driving or being in actual physical control of a vehicle while:
- having a blood alcohol concentration (BAC) of .08% or more
- having any amount of a Schedule I or II controlled substance in the body, or
- impaired by drugs or alcohol to an extent that it affects the person's ability to operate a vehicle safely.
Generally, a driver is deemed to have violated the law if a chemical test conducted within two hours of driving shows a BAC that's above the legal limit.
The consequences of a DUI conviction depend on the circumstances, including whether the motorist has prior DUI convictions. This article covers second-offense penalties. (Read more about Pennsylvania's DUI laws, including first-offense and third-offense consequences.)
What Is Considered a "Second-Offense" DUI in Pennsylvania
In Pennsylvania, a DUI is considered a "second offense" if the motorist has one prior DUI conviction that occurred within the past ten years—including most out-of-state DUI convictions.
Jail, Fines, and Other Penalties for a Second DUI in Pennsylvania
The consequences of a second DUI conviction—which can be the result of a plea bargain or being found guilty after a trial—differ depending on the facts of the case. But generally, the possible penalties include:
PA 2nd DUIs Based on Impairment or a BAC of at Least .08% But Less Than .1%
A second DUI conviction where the driver was convicted based on impairment or having a BAC of .08% or more but less than .1% is a misdemeanor. A convicted driver is looking at $300 to $2,500 in fines, five days to six months in jail, and a 12-month license suspension. The motorist will also have to complete an alcohol safety class and may be required to participate in substance abuse treatment.
PA 2nd DUIs Based on Impairment and Involving Injuries, Death, or Property Damage or Involving a BAC of at Least .1% But Less Than .16%
A second DUI conviction where the driver was convicted based on impairment and someone was injured or killed or another's property was damaged or the driver had a BAC of .1% or more but less than .16% is a misdemeanor. The convicted driver is looking at 30 days to six months in jail, $750 to $5,000 in fines, and a 12-month license suspension. The motorist will also have to complete an alcohol safety class and may be required to participate in substance abuse treatment. (Also, read about Pennsylvania's homicide-by-vehicle laws.)
PA 2nd DUIs Based on Impairment and Involving a refusal to take a breath test or Involving a BAC of at Least .16% or Controlled Substances
A second DUI conviction where the driver was convicted based on impairment and unlawfully refused to take a breath test or the driver had a BAC of at least .16% or any concentration of a controlled substance is a first-degree misdemeanor. The convicted driver is looking at 90 days to five years in jail, at least $1,500 in fines, and an 18-month license suspension. The motorist will also have to complete an alcohol safety class and may be required to participate in substance abuse treatment.
PA 2nd DUIs With a Minor Passenger
A second offender who's caught driving under the influence with a passenger who is under 18 years old can be charged with a first-degree misdemeanor. In addition to the penalties mentioned above, the convicted motorist is looking at at least $2,500 in fines and one to six months in jail. The driver also faces an 18-month license suspension.
Anyone convicted of a second DUI must have an ignition interlock device (IID) installed to obtain a restricted license during the suspension period.
Does a Second Pennsylvania DUI Carry Mandatory Jail Time?
Pennyslvania's DUI statutes imposed mandatory jail time on all second DUIs. However, it might be possible to avoid actually spending time behind bars if the judge agrees to put you on probation or you can beat the charge in court.
Talk to a DUI Attorney
DUI law is complicated and the facts of each case are different. And the consequences of a second DUI are serious. So, if you've been arrested for a DUI, get in contact with an experienced DUI lawyer. A qualified attorney can tell you how the law applies in your situation and help you decide on how best to handle your case.
