Pennsylvania DUI Second Offense – Criminal Defense Lawyer
I am a criminal defense attorney with over 30 years of experience in handling DUI cases. In many cases, the person charged had a previous DUI conviction or ARD disposition within the past 10 years. When this is the case, Pennsylvania treats the person as a second time offender and higher penalties can apply. Those increased penalties can include up to 90 days of mandatory jail time and an 18-month driver’s license suspension. When you are facing the potential penalties associated with a second or third DUI, it is critical to hire an attorney who understands the law and who will dedicate the time and resources to fight the case aggressively. From analyzing the initial cause for the traffic stop to examining the validity of the blood alcohol testing procedures, I am prepared to carefully evaluate the evidence and prepare the strongest defense possible on your behalf.
My first objective in any case is to beat the charges if possible. However, this is not possible in every case. In many cases, the best possible outcome is to avoid the mandatory jail time through programs and negotiations with the prosecutors. Jail time can often be avoided with things like inpatient drug and/or alcohol treatment and/or house arrest. These are just two examples of how I can help you avoid jail time for a second offense DUI.
Here’s what I can promise you if you hire me:
- I will research and fully investigate your case so we can completely understand the facts of your case and be fully prepared to represent you in court.
- I will be accessible to you and will promptly return phone calls, emails and texts.
- I will fully explain your rights and options and strive to get you the best possible result.
Second DUI In Pennsylvania
Like most states, Pennsylvania gives many first-time DUI offenders a chance to resolve their case without severe penalties. Unless a DUI incident involved an automobile accident with serious injuries or a person’s blood alcohol level is extremely high, first-time DUI offenders are most likely eligible for admission into the ARD Program which results in no jail time and a greatly reduced license suspension. This leniency and privilege is not extended to those facing subsequent DUI charges in Pennsylvania.
Studies have shown that approximately one in three people arrested for drunk driving will receive a second DUI charge within their lifetime. Pennsylvania law is far more severe on second offense DUI defendants, calling for jail time and lengthy license suspensions. Sentences get increasingly harsh for third and fourth-time DUI offenders.
10-Year “Look-Back” Period
Under Pennsylvania law, the “look-back” period for DUIs is 10 years (it was 7 years before the law was changed in 2004). Look-back periods refer to the length of time DUIs can be considered a “prior offense”. The PA look-back period runs from the date of the prior adjudication (the DUI conviction or the date that a person was admitted into the ARD Program) until the date of the subsequent DUI arrest. If that time period is greater than 10 years, the prior offense will not be considered a “prior” for the purposes of determining mandatory DUI sentences.
Even if a prior is outside the look-back period, the DA’s Office may still consider it in recommending sentences or considering a person for admission into the ARD Program. Indeed, many District Attorney’s Offices will not agree to admit someone into the ARD Program if the person has ever had a previous DUI.
The prior will still be factored by the District Attorney’s Office in Previous DUI laws in Pennsylvania had a “look-back period” of seven years. Look-back periods refer to how long a DUI conviction or ARD disposition will be considered a prior offense.
If you have a second offense DUI, you should absolutely have an experienced Montgomery County, PA DUI criminal defense lawyer to protect your rights and interests. Please feel free to contact the Law Office of Erik Petersen to discuss your case.
PA DUI Laws — Mandatory Minimum Sentences
What does 2 counts of DUI mean in pa? Pennsylvania law calls for mandatory minimum sentences based on the number of the offense and the blood alcohol concentration (BAC). The BAC is divided into three tiers called:
- General Impairment (.08 to .099 percent BAC)
- High BAC (.10 to .159 percent BAC)
- Highest BAC (16 percent BAC and higher and/or DUIs involving illegal drugs or prescription medication)
Minors (defined as under 21 years old for the purposes of DUI) have a blood alcohol limit of 0.02 percent (which can be reached after a couple sips of alcohol or even by using mouthwash). Additionally, minors charged with DUI will generally charged with underage drinking.
The PA DUI tier system can be best summarized in chart form:
First Offense (DUI/Drunk Driving)
|
Blood Alcohol Content |
0.08 – .099% |
0.10 – .159% |
0.16% and above |
|
Minimum Sentence |
n/a |
2 days |
3 days |
|
Maximum Sentence |
n/a |
6 months |
6 months |
|
License Suspension |
n/a |
12 months |
12 months |
Second Offense (DUI/Drunk Driving)
|
Blood Alcohol Content |
0.08 – .099% |
0.10 – .159% |
0.16% and above |
|
Minimum Sentence |
5 days |
30 days |
90 days |
|
Maximum Sentence |
6 months |
6 months |
5 years |
|
License Suspension |
12 months |
12 months |
12 months |
Third Offense (DUI/Drunk Driving)
|
Blood Alcohol Content |
0.08 – .099% |
0.10 – .159% |
0.16% and above |
|
Minimum Sentence |
10 days |
90 days |
1 year |
|
Maximum Sentence |
2 years |
5 years |
5 years |
|
License Suspension |
12 months |
18 months |
18 months |
Fourth and Subsequent Offense (DUI/Drunk Driving)
|
Blood Alcohol Content |
0.08 – .099% |
0.10 – .159% |
0.16% and above |
|
Minimum Sentence |
10 days |
1 year |
1 year |
|
Maximum Sentence |
2 years |
5 years |
5 years |
|
License Suspension |
12 months |
18 months |
18 months |
If you are convicted of a second offense DUI, or a third or subsequent DUI, you will be requred to install an ignition interlock device in the vehicle you regularly drive. This interlock device must be installed for at least one year after your license suspension period ends and prior to applying for an unrestricted (regular) license. If you do not comply with interlock requirement rules or tamper with the device, you face additional charges and harsher penalties.
Possible Alternative Sentences in Montgomery County, PA
With the harsh penalties facing second offense DUI offenders, not to mention subsequent DUI offenders, it is very important to hire an attorney that can fully evaluate and explain your rights and options. Perhaps there is a legitimate defense issue that can be used to negotiate a satisfactory plea bargain. Or perhaps you can qualify for an “alternative sentence” such as house arrest, admission into the Drug Court or Veterans Court, or Work Release.
How long is house arrest for 2nd dui in pa?
We can’t say for certain, but the chart above can give you an idea of how long the sentences are for a second or subsequent DUI in Pennsylvania.
With my experience prosecuting an defending DUI cases, I am qualified to provide outstanding representation to anyone charged with a DUI. Call me, PA DUI Attorney Erik Petersen so we may discuss your case and how I can protect your rights after a second or subsequent DUI arrest in Montgomery or Bucks County, Pennsylvania.
2nd DUI after ARD in PA
If you have been through the ARD program and are being charged with a 2nd DUI, contact me immediately. There is no time to waste in securing your rights in a 2nd offense DUI after ARD case.