The Real Cost of that Drink: Penalties for First & Second DUI Offense

While some states would regard driving under the influence as a mere traffic violation, leaving the convicted with just a slap on the wrist, in Pennsylvania, you won’t be so lucky. With DUI penalties in PA considered a criminal offense, you’re looking at serious consequences for both first and second time convictions.

Choosing to drive under the influence not only puts you and others at risk on the road, but it puts you at risk of consequences you’ll suffer for years to come. However, sometimes these laws are overly prosecuted or unfairly charged, and you may not know what to expect in order to protect yourself. So here’s what you need to understand about the actual cost of a drink when it comes to a PA DUI.

General Information on DUI Charges in Pennsylvania

About 15 years ago, the legal limit of alcohol was lowered from .10 to .08 by the Commonwealth of Pennsylvania. From this benchmark, there are three levels of a DUI.

.08 to .099% BAC = General Impairment
.10 to .159% BAC = High BAC
.16% & up = Highest BAC

While these levels certainly impact the severity of a punishment, certain classifications may also play a role in your sentencing. Underage drivers, school vehicles and buses, commercial drivers, drivers who refuse a breathalyzer and drivers who cause injury or property damage to others could face harsher punishments under PA law.

Penalties for First Offense DUI in PA

General Impairment: Up to 6 months of probation and fines of approx. $300

High BAC: 48 hours to 6 months in jail and fines of $500- $5,000; license suspension for 12 months

Highest BAC: 72 hours to 6 months in jail and fines of $1,000- $5,000; license suspension for 12 months

If you’re experiencing a first-time DUI offense, you’re not typically looking at jail time, simply based on your BAC, but there are stipulations. If your BAC is higher than .099, jail time should now be a concern, while being under 21 years of age could mean up to 6 months of jail time, regardless of your BAC level.

Penalties for Second DUI in PA

While some may deem the punishments for a first-time offense as rather extreme, the ultimate goal is to prevent repeat offenders. If you’ve received a 2nd DUI in PA, you’re automatically facing jail time of 5 days to 5 years.

General Impairment: 5 days to 6 months in jail and fines of $300- $2,500; license suspension for 12 months

High BAC: 30 days to 6 months in jail and fines of $750- $5,000; license suspension for 12 months

Highest BAC: 90 days to 5 years in jail and fines of $1,500- $10,000; license suspension for 18 months

All BACs: Up to 150 hours of community service and ignition interlock device installed for 1 year; Enrollment in Alcohol Highway Safety School and an Alcohol and Drug treatment program

Whether you’ve been charged with a first or second offense DUI in Pennsylvania, there’s a lot at stake for your future, and it’s important to make sure you aren’t fighting the battle alone. As Philly’s DUI Lawyer, we’ll help you review all aspects of your case to protect your rights, ensure a fair hearing and help you move forward.