If you have been arrested for a third DUI in Pennsylvania, you are likely very nervous about your future. Pennsylvania treats repeat DUI offenders very harshly, and the penalties for DUIs increase when people are convicted for a third DUI offense. You might worry about losing your license, going to jail, and how a third conviction might impact your job and your life. A third DUI conviction is a felony that carries much more severe penalties than what you faced with your first and second DUI offenses. If you retain a PA DUI attorney at DiCindio Law, you might increase your chances of securing a more favorable outcome and potentially avoiding a felony conviction on your record.
Factors That Affect DUI Charges In Chester County, Pennsylvania
In Pennsylvania, several factors are important for how a DUI is charged, including the following:
- The driver’s blood alcohol concentration
- The number of prior DUI convictions in the last 10 years
- Whether the driver was involved in an accident involving bodily injury, death, or property damage
- Whether the driver was under the influence of drugs
Impairment Level
Your impairment level at the time of your arrest will determine which type of DUI offense that you are charged with. Pennsylvania divides DUI offenses into three basic categories, including general impairment, high BAC, and highest BAC DUIs. A general impairment DUI is charged when your BAC is between 0.08% and 0.099% at the time of your arrest. A high BAC DUI is charged when your BAC is between 0.10% and 0.159% at the time of your arrest. Finally, the highest BAC DUI is charged when your BAC is from 0.16% or higher.
Minors will also be charged with a high BAC DUI if they have a BAC of 0.02% at the time of their arrests. Commercial truck drivers will be charged with a high BAC DUI if they have a BAC of 0.04% at the time of their arrests. School bus drivers will face high BAC DUI penalties if they have a BAC of 0.02% at the time of their arrests. People who would otherwise be charged with general impairment DUIs but who are involved in accidents that cause property damage, bodily injury, or death will also be charged with high BAC DUIs.
The penalties for DUI offenses increase as the BAC goes up. For example, people who are charged with general impairment or high BAC DUIs will only be charged with a felony DUI for their third offenses. Drivers who are charged with the highest rate DUI offenses can be convicted of a felony offense for a second offense.
Number Of Prior Convictions
Pennsylvania has a 10-year look-back period for DUI offenses. If you have had two prior DUIs in the past 10 years, you will be charged with a felony DUI no matter what your level of intoxication was at the time of your arrest. If you are convicted of a felony DUI, the penalties are much more severe than they are for misdemeanors.
For a third general impairment DUI conviction, you will face the following penalties:
- Felony conviction
- Mandatory minimum 10 days up to two years in prison
- 12-month suspension of your driver’s license
- Fine from $500 up to $5,000
- 12-month mandatory ignition interlock at your own expense
- Alcohol highway safety school
- Drug and alcohol assessment and compliance with any recommended treatment
For a third high BAC DUI conviction, you will face the following penalties:
- Mandatory minimum 90 days up to five years in prison
- Felony conviction
- 18-month suspension of your driver’s license
- Fine from $1,500 up to $10,000
- Ignition interlock device for 12 months
- Alcohol highway safety school
- Drug and alcohol assessment and compliance with recommended treatment
If you are convicted of the highest rate DUI offense as a third DUI conviction, you will face the following penalties:
- Prison sentence of one to five years
- 18-month suspension of your driver’s license
- Fine from $2,500 up to $10,000
- Ignition interlock device for 12 months at your own expense
- Alcohol highway safety school
- Drug and alcohol assessment and compliance with any recommended treatment
Collateral Consequences Of A Third DUI Conviction in Chester County, PA
If you are convicted of a felony DUI, it can cause ongoing problems in your life even after you have completed your sentence. Prospective employers who perform background checks will see your felony conviction and might hesitate to hire you. If you have a professional license, you could lose it. Having a felony conviction can also make it much more difficult to find housing or to obtain governmental assistance. Finally, people with felony convictions frequently have trouble in their relationships and face stigma from the community.
Find A DUI Attorney Near Me
The penalties for a third-offense DUI are severe regardless of your level of intoxication. If you are facing charges for a third DUI offense within the last 10 years, you should retain an experienced DUI defense attorney as soon as possible. A lawyer might be able to help you avoid a felony conviction by aggressively defending against your charges. Contact DiCindio Law to learn more about the options you might have in your case.
If you or a loved one has been charged with a crime in Pennsylvania, contact Mike DiCindio, Esq today at 610.220.4691!
