Can I go to Jail for a 2nd DUI Offense?
Everyone makes mistakes, but driving under the influence is not one easily forgiven in Pennsylvania. Courts have been cracking down with harsher ways to punish these crimes in hopes of deterring others from making the same decisions in the future. So if you’ve been charged with a DUI for the second time, there’s even more at stake than the already severe consequences of a first offense.
If you’re wondering whether you could go to jail for a 2nd DUI offense, the short answer is yes. But the penalties will depend on the specific details of your arrest. Here’s what you need to know:
The General DUI Laws in Pennsylvania
The penalties for a DUI are categorized based on the Blood Alcohol Content (BAC) and history of prior offenses. In 2003, the Commonwealth of PA passed legislation to lower the legal limit of alcohol to 0.08 within the following 3 categories:
- General Impairment – .08 to .099% BAC
- High BAC – .10 to .159% BAC
- Highest BAC – .16% & higher
So anyone caught driving with a blood alcohol level of .08 or higher could receive a DUI charge, while certain classes of people may receive harsher penalties, despite the BAC category they fall under. These individuals include: underage drivers, school-hired drivers, commercial drivers, drivers who cause injury to other individuals or property, and drivers who refuse breath or chemical testing.
What is Considered a “Second Offense” DUI?
In Pennsylvania, DUI offenses have a 10-year look back period. This means that any convictions during this time period will be counted. So if you have been charged with a previous DUI in the last 10 years, another charge will be considered your second offense.
Penalties for a Second DUI
General Impairment
Criteria:
- 0.08-0.99% BAC
- No property damage or injury
- 21 years or older
- Refuses a chemical test
Penalties may include:
- 5 days to 6 months in jail
- 12-month license suspension
- 1-year ignition interlock
- $300 to $2,500 fine
- Treatment or alcohol highway safety school when ordered
- Ungraded misdemeanor
High Impairment
Criteria:
- .10-0.159% BAC
- General BAC with property damage or injury
- In a school vehicle with 0.02-.159% BAC
- In a commercial vehicle with 0.04-0.159% BAC
Penalties may include:
- 30 days to 6 months in jail
- 12-month license suspension
- 1-year ignition interlock
- $750 to $5,000 fine
- Treatment or alcohol highway safety school when ordered
- Ungraded misdemeanor
Highest Impairment
Criteria:
- .16% or higher BAC
- DUI Drugs
Penalties may include:
- 90 days to 5 years in jail
- 18-month license suspension
- 1-year ignition interlock
- $1,500 to $10,000 fine
- Treatment or alcohol highway safety school when ordered
- First-degree misdemeanor
Other consequences of a second DUI charge:
- Increased insurance rates and loss of insurance
- Difficulty getting a student loan or applying to colleges
- Suspension or revoked scholarships from the university you attend
- Inability to pursue advancement in your career or job field if the employer requires a background check on prospective candidates
If you or someone you know is facing a second DUI charge, do not wait to get the representation you need to fight for a lighter sentence and minimize your jail time. Contact us today for a free consultation to discuss your case.
