Michael DiCindio | May 28, 2021 | DUI

Penalties For 1st, 2nd And 3rd DUI In West Chester, PA

In Pennsylvania, the criminal justice system treats DUIs harshly. If you have been charged with a DUI, the penalties you might face will depend on your blood alcohol concentration within two hours of driving, whether or not you refused chemical testing, whether or not you are charged with driving under the influence of drugs, and whether or not you have prior DUI convictions within the past 10 years. DiCindio Law is prepared to defend people who are facing DUI charges in Pennsylvania.

Pennsylvania’s three-tiered penalty system

Under 75 Pa.CS § 3802, Pennsylvania has adopted a three-tiered penalty system for DUIs based on your BAC at the time of your arrest. These different levels include a standard DUI for people with a BAC of 0.08% to 0.09%, a high BAC DUI for people with a BAC of 0.10% to 0.1599%, and a highest BAC DUI for people with a BAC of 0.16% or higher. The penalties for these offenses will depend on whether you have previous DUI convictions within the past 10 years.

Penalties for a first-offense DUI

The penalties you might face for a first DUI conviction will depend on your BAC level and whether other aggravating factors are present. For a first-offense standard DUI with a BAC from 0.08% to 0.099% or a lower amount if your driving was substantially impaired, you will face the following penalties:

  • Misdemeanor
  • Minimum of six months of probation
  • Fine of at least $300 plus surcharges and assessments
  • Drug and alcohol assessment
  • Comply with any recommended treatment
  • Alcohol highway safety school

If your BAC was between 0.10% and 0.1599% for a first conviction, you will face the following penalties:

  • Misdemeanor
  • Minimum mandatory 48 hours in jail
  • Fine from $500 to $5,000
  • 12-month license suspension
  • Substance abuse assessment and comply with any treatment recommendations
  • Alcohol highway safety school

If your BAC was 0.16% or higher, you refused chemical testing, or you were under the influence of drugs, a first offense will carry the following penalties:

  • Misdemeanor
  • Minimum mandatory 72 hours in jail up to six months
  • 12-month suspension of your license
  • Substance abuse assessment and comply with recommended treatment
  • Alcohol highway safety school

Penalties for a second-offense DUI in Pennsylvania

The penalties for a second DUI conviction within 10 years are more severe. If you are convicted of a DUI and have one prior DUI within the last 10 years, your penalties will be stiffer and will also depend on your BAC within two hours of your arrest.

For a second DUI conviction of a general impairment DUI, you will face the following penalties:

  • Minimum of five days up to six months in jail
  • Fine from $300 up to $2,500
  • Ignition interlock device installed in your vehicle at your own expense
  • 12-month suspension of your license
  • Alcohol highway safety school
  • Substance abuse assessment and comply with any treatment that is ordered

If you are convicted of a high BAC DUI as a second offense within 10 years, you will face the following penalties:

  • Second-degree misdemeanor
  • Jail from 30 days up to six months
  • Fine from $750 to $5,000
  • 12-month suspension of your driver’s license
  • Alcohol highway safety school
  • 12-month installation of an ignition interlock device in your vehicle at your expense
  • Substance abuse assessment and comply with any treatment that is ordered

If you are convicted of the highest BAC DUI as a second offense within 10 years for drugs or based on your BAC, you will face the following penalties:

  • First-degree misdemeanor
  • Prison from 90 days up to five years
  • 18-month license suspension
  • Fine from $1,500 up to $10,000
  • 12-month ignition interlock installation
  • Substance abuse assessment and comply with any treatment that is ordered
  • Alcohol highway safety school

Penalties for a third DUI conviction in Pennsylvania

If you are convicted of a third DUI within 10 years, the stakes are a lot higher. For a third general impairment DUI offense, you will face the following penalties:

  • Second-degree misdemeanor
  • 10 days up to two years in prison
  • 12-month license suspension
  • Fines from $500 up to $5,000
  • Substance abuse assessment and comply with treatment recommendations
  • 12-month ignition interlock device installation at your own expense

If you are convicted of a third high BAC DUI within 10 years, you will face the following penalties:

  • First-degree misdemeanor
  • Prison from 90 days up to five years
  • 18-month license suspension
  • Fine from $1,500 up to $10,000
  • 12-month ignition interlock device installation at your expense
  • Substance abuse assessment and treatment if ordered
  • Alcohol highway safety school

If you are convicted of the highest BAC DUI offense as a third conviction within 10 years, you will face the following penalties:

  • Third-degree felony
  • Prison from one to seven years
  • 18-month license suspension
  • 12-month ignition interlock device installation at your expense
  • Fine from $2,500 up to $15,000
  • Substance abuse assessment and comply with treatment if ordered
  • Alcohol highway safety school

A fourth general impairment or high BAC DUI conviction within 10 years is also a third-degree felony. If you are convicted of a DUI with a minor in your vehicle, it is a first-degree misdemeanor for the first or second offense. If you have two prior DUI convictions, it is a felony of the third degree.

The penalties for DUIs in Pennsylvania are severe. If you are facing DUI charges, you should not try to represent yourself. With the help of an experienced DUI lawyer in Chester County, you might receive a plea offer to a lesser offense or win the dismissal of the charges against you.

Contact Our DUI Law Firm in West Chester, PA

If you are facing criminal charges and need legal help, contact the West Chester, PA DUI lawyers at DiCindioLaw, LLC to schedule a free initial consultation.

DiCindio Law, LLC
29 S Walnut St
West Chester, PA 19382
(610) 430-3535

***This blog article is made available by the law firm publisher for educational purposes and to provide general information, not to provide specific legal advice. By reading, you understand that there is no attorney client relationship between you and the publisher. The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments. These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. Please contact DiCindio Law, LLC for a consultation and to discuss what law is relevant to your case. ***