Understanding the Consequences of Repeated DUI Offenses

In Pennsylvania, the legal system penalizes repeat offenders of Driving Under the Influence (DUI) laws with increasing severity. When determining a sentence, judges review your record over the previous ten-year period. A higher number of prior convictions directly results in steeper fines, longer jail terms, and extended periods of driver’s license suspension. If you are facing multiple accusations, securing legal representation is highly advisable to protect your rights.

How BAC Levels Influence Penalties

Beyond your history of convictions, your Blood Alcohol Concentration (BAC) level is a critical factor in sentencing, even for a second offense. Pennsylvania categorizes these offenses into three tiers based on impairment levels. If you find yourself facing these tiered charges, consulting with a Morgantown criminal lawyer can help you understand the specific implications for your case.

Tier 3: Highest DUI

This category applies if your BAC is 0.16 percent or higher, or if illegal or prescription drugs are found in your system. Refusal to submit to chemical testing (breath, blood, or urine) also triggers a Tier 3 charge.

• Classification: First-degree misdemeanor.
• Prison Sentence: Potential for up to five years.
• License Suspension: 18 months.
• Additional Requirements: Mandatory drug and alcohol evaluation, community service, and driving safety classes.

Tier 2: High DUI

This tier applies to a second offense where the BAC falls between 0.10 percent and 0.159 percent. The penalties are significant and require careful navigation, often necessitating the assistance of a Morgantown DUI attorney.

• Classification: Ungraded misdemeanor.
• Jail Sentence: Ranges from 30 days to six months.
• License Suspension: 12 months.
• Additional Requirements: Mandatory safe driving classes and drug/alcohol evaluation.

Tier 1: General Impairment

This tier applies to a second offense with a BAC between 0.08 percent and 0.099 percent.

• Classification: Ungraded misdemeanor.
• Jail Sentence: Ranges from five days to six months.
• License Suspension: One year.

Third Offenses and Prison Time

A third DUI charge within a ten-year window carries penalties that should never be underestimated. While a Tier 1 or Tier 2 offense can lead to a jail sentence ranging from five days to five years, a Tier 3 offense escalates the situation significantly. Conviction at this level can result in one to five years in a state prison rather than a local county jail. To avoid the harshest of these penalties, you should seek advice from a criminal lawyer immediately.

2018 Changes to Pennsylvania Law

Legislative updates made in 2018 have instituted stricter penalties for repeat offenders.

• Felony Charges: A third DUI is now a felony if the BAC is 0.16 percent or higher.
• Fourth Offenses: A fourth or subsequent arrest constitutes a felony regardless of the BAC level.

Serious Aggravating Factors

The penalties increase dramatically if the DUI involves injury or death.

• DUI Homicide: Causing the death of another person while under the influence is a first-degree felony.
• Driving Without a License: If the driver was operating the vehicle without a license (or with a suspended one) during a fatal incident, the prison sentence increases by five years.
• Aggravated Assault: Causing injury while driving intoxicated on a suspended license can add two years to a prison sentence.

Facing these complex legal challenges requires the expertise of a Morgantown DUI attorney who understands the nuances of state statutes.

Secure Your Defense Today

Have you or a loved one been arrested for a second or third DUI within the last decade? You need seasoned expertise on your side. Mountaineer Law Group successfully represents individuals facing these serious charges throughout Berks County and Pennsylvania.

Do not wait to secure your defense, as delays can make it more difficult for a Morgantown criminal lawyer to achieve the best possible outcome for you. Contact us today at (304) 381-3656 or reach out to us online to schedule your free consultation. A third conviction can alter the course of your life—act now.