Pennsylvania's DUI law prohibits driving or being in actual physical control of a vehicle while:
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. (Get an estimate of how many drinks it takes to put you at .08%.)
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.)
"Third-Offense" DUI Defined
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.
Penalties for a Third DUI
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. But generally, the possible penalties include:
- 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.
- Impairment DUIs involving injuries, death, or property damage and DUIs involving 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.
Anyone convicted 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.
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.