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Second Offense DUI in Pennsylvania

Posted by Sean Quinlan | Feb 12, 2024 | 0 Comments

Driving under the influence (DUI) is a serious offense in Pennsylvania, and a second offense DUI is even more serious. If you are convicted of a second offense DUI in Pennsylvania, you could face a number of serious penalties, including jail time, fines, and a license suspension.

In this blog post, we will discuss the penalties for a second offense DUI in Pennsylvania, as well as the defenses that may be available to you. We will also provide some advice on what to do if you have been arrested for a second offense DUI.

Penalties for a Second Offense DUI in Pennsylvania

The penalties for a second offense DUI in Pennsylvania vary depending on a number of factors, including your blood alcohol concentration (BAC) at the time of your arrest, whether you have any prior DUI convictions, and whether you caused any injuries or property damage while driving under the influence.

However, in general, the penalties for a second offense DUI in Pennsylvania include:

  • Jail time: A mandatory minimum of 5 days in jail, with a maximum of 6 months in jail.
  • Fines: A mandatory minimum fine of $300, with a maximum fine of $10,000.
  • License suspension: Up to 18-month license suspension.
  • Ignition interlock device: You will be required to install an ignition interlock device on your vehicle. An ignition interlock device is a device that prevents you from starting your car unless you blow into it and your BAC is below the legal limit.
  • Alcohol highway safety school: You will be required to attend alcohol highway safety school.

In addition to these penalties, you may also be required to complete drug and alcohol treatment programs.

Defenses to a Second Offense DUI in Pennsylvania

There are a number of defenses that may be available to you if you have been arrested for a second offense DUI in Pennsylvania. Some of the most common defenses include:

  • Unlawful stop: If the police officer who pulled you over did not have a valid reason to stop you, your case may be dismissed.
  • Improper field tests: If the police officer did not administer the field sobriety tests properly, the results of those tests may be inadmissible in court.
  • Inaccurate BAC test: If the BAC test was not administered properly, or if the machine was not properly calibrated, the results of the test may be inadmissible in court.
  • Lack of intent: If you did not intend to drive under the influence, you may be able to argue that you did not commit a DUI.

If you have been arrested for a second offense DUI in Pennsylvania, it is important to speak with an experienced DUI attorney to discuss your case and your legal options.

What to Do if You Have Been Arrested for a Second Offense DUI in Pennsylvania

If you have been arrested for a second offense DUI in Pennsylvania, there are a few things you should do immediately:

  • Do not speak to the police: You have the right to remain silent, and you should exercise that right. Anything you say to the police can be used against you in court.
  • Contact an attorney: An experienced DUI attorney can help you understand your legal rights and options, and can represent you in court.
  • Gather evidence: If you have any evidence that may be helpful to your case, such as witness statements or receipts from businesses you visited before you were arrested, you should gather that evidence as soon as possible.

Conclusion

A second offense DUI is a serious offense with serious penalties. If you have been arrested for a second offense DUI in Pennsylvania, it is important to contact an experienced DUI attorney immediately.

About the Author

Sean Quinlan

Attorney Quinlan has practiced law in Pennsylvania since 2001. He earned his J.D. at Widener University School of Law in Harrisburg, PA, and earned his B.A. at Bloomsburg University in Bloomsburg, PA. He is a member of the Pennsylvania Bar. He also belongs to the Pennsylvania State Bar Associati...

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