When you are repeatedly arrested for Driving Under the Influence of alcohol or drugs in Pennsylvania, meaning you have had two or three convictions in the last ten years, the consequences become more severe with each one. Pennsylvania judges always look back at the previous ten-year period when handing down sentences for DUI convictions. The more convictions you have, the higher your fines will be, and the longer your jail sentence and driver’s license suspension will be. If you have had more than one DUI, you should consider hiring a Pittsburgh Criminal Defense Attorney to represent you in court.
The tier in which a person’s blood alcohol concentration (BAC) falls will also affect the consequences they receive for a repeat Driving Under the Influence conviction, even a second one. A Tier 3 (Highest DUI) is for a BAC of 0.16 percent or above, or you have drugs—prescription or illegal narcotics—in your system. Being in this tier makes your DUI a first-degree misdemeanor, which means up to five years in prison, an 18-month license suspension, attendance at driving safety classes, community service, and an evaluation for drug and alcohol use. Refusing to submit to blood, breath, or urine tests will also raise your charge to this level.
A second DUI that is a Tier 2 (High DUI), which means that your Blood Alcohol Concentration was between 0.10 percent and 0.159 percent, makes your DUI an ungraded misdemeanor. Your jail sentence can be anywhere from 30 days to six months. Your license suspension will be for 12 months, and you’ll be required to take a drug and alcohol evaluation and safe driving classes.
If you have a second DUI that is a Tier 1 (General Impairment) DUI, it means your BAC was between 0.08 percent and 0.099 percent. This is an ungraded misdemeanor, and your jail sentence will range from five days to six months. You will also get your license suspended for a year.
For a third Driving Under the Influence charge in a ten year period, a Tier 1 or 2 DUI requires five days to five years in jail. A Tier 3 can mean one to five years in a state prison, as opposed to a county jail. This is an extremely severe punishment.
Changes to Pennsylvania’s DUI laws enacted in 2018 increase the penalties for repeated DUI’s. Offenders who are facing their third DUI can now be charged with a felony if they have a high blood alcohol content, meaning 0.16 percent or above. If the person’s BAC was not that high but it’s their fourth or subsequent arrest, the same felony charge will result.
If a person is driving drunk and causes the death of someone else, they now face a first-degree felony. If the person was driving without a license or with a suspended license, they can face five more years in prison than was previously allowed, If they only injure someone because they were driving while intoxicated and with a suspended or no license, and are charged with aggravated assault, the person might end up serving two additional years.
Have you or someone you know been stopped while driving and arrested for DUI for a second or third time in the last ten years? If you have, you require the expertise of an experienced criminal defense attorney to help you, one who has handled hundreds of DUI cases, many just like yours.
The Logue Criminal Defense team has defended hundreds of people arrested for Driving Under the Influence. Logue Law Group serves the Pittsburgh, PA, area, as well as West Virginia and Eastern Ohio. Call today for a free consultation. (412) 612-2210 or (412) 389-0805. We may also be contacted online. Call now! A third DUI conviction comes with severe and far-reaching consequences, ones that can ruin your life.
The longer you wait to hire legal representation, the harder it becomes for an attorney to get you the best possible outcome for your case. Don’t delay. Call right away!