Learn about how Pennsylvania defines “driving under the influence” and the consequences of a third 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.
The consequences of a DUI conviction depend on the circumstances, including whether the motorist has prior DUI convictions. This article covers third-offense penalties. (Read more about Pennsylvania's DUI laws, including first-offense and second-offense consequences.)
What Is Considered a Third-Offense DUI in Pennsylvania?
In Pennsylvania, a DUI is considered a "third offense" if the motorist has two prior DUI convictions that occurred within the past ten years—including most out-of-state DUI convictions.
Jail Times, Fines, and Other Penalties for a Third DUI in Pennsylvania
The consequences of a third 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, including the driver's BAC and the type of offense.
PA 3rd DUI based on Impairment or a BAC of at Least .08% But Less Than .1%
A third DUI conviction where the driver was convicted based on impairment or having a BAC of .08% or more but less than .1% is a second-degree misdemeanor. A convicted driver is looking at $500 to $5,000 in fines, ten days to two years 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 3rd DUI Based on Impairment and Involving Injuries, Death, or Property Damage or Involving a BAC of at Least .1% But Less Than .16%
A third 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 first-degree misdemeanor. The convicted driver is looking at 90 days to five years in jail, $1,500 to $10,000 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. (Also, read about Pennsylvania's homicide-by-vehicle laws.)
Impairment DUIs involving a refusal to take a breath test and DUIs involving BAC of at least .16% or controlled substances
A third 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 third-degree felony. The convicted driver is looking at one to seven years in jail, $2,500 to $15,000 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.
DUIs with a minor passenger
A third offender who's caught driving under the influence with a passenger who is under 18 years old can be charged with a third-degree felony. A convicted motorist is looking at up to $15,000 in fines, six months to two years in jail, and an 18-month license suspension.
Getting a Restricted License in Pennsylvania Following a DUI Conviction
Anyone convicted of a DUI who has at least one prior conviction within the past ten years must have an ignition interlock device (IID) installed to obtain a restricted license during the suspension period.
Can You Avoid Jail Time on a Third Pennsylvania DUI?
A third DUI in Pennsylvania carries mandatory jail time. To avoid jail time, you'll likely need to beat the charge in court.
Talk to a DUI Attorney
DUI law is complicated and the facts of each case are different. The consequences of a third 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.
