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Is a Jail Sentence Mandatory for a Second-Offense DUI in Pennsylvania?

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There are varying penalties associated with second DUI offenses, mostly based on the driver’s blood alcohol content (BAC) level. Pennsylvania classifies DUIs at three different levels: BAC per se (.08 to .099 percent), high BAC (.10 to .159 percent) and highest BAC (.16 percent and above).

The following is a brief overview of the penalties associated with each classification of second offense DUIs.

  • BAC per se: This is punishable by up to six months in jail, a $300 to $2,500 fine, mandatory alcohol safety school, a year of ignition interlock device use and up to 150 hours of community service. An administrative penalty of a 12-month license suspension also applies.
  • High BAC: This is punishable by 30 days to six months in jail, a $750 to $5,000 fine, alcohol highway safety school, possible alcohol treatment, a year of ignition interlock device use and up to 150 hours of community service. An administrative penalty of a 12-month license suspension also applies.
  • Highest BAC: This is punishable by 90 days’ to five years’ incarceration, a $1,500 to $10,000 fine, alcohol highway safety school, possible alcohol treatment, a year of mandatory ignition interlock device use and up to 150 hours of community service. An administrative penalty of an 18-month license suspension also applies.

Also be aware that, to be considered a second-offense conviction for driving under the influence (DUI) in Pennsylvania, an incident must have occurred within 10 years of your first offense. In other words, if your recent arrest occurred more than 10 years after your first offense, the new arrest may not count as a second DUI.

To learn more about the penalties associated with drunk driving offenses in Pennsylvania, contact a trusted Ambridge DUI defense attorney at Bowers & Fawcett, LLC.

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