Second Offense DUI in Pennsylvania

Driving under the influence (DUI) of controlled substances or alcohol is a punishable offense under 75 Pa.C.S. § 3801-3817. An arrest can be made under the law when a driver's blood alcohol content (BAC) is higher than 0.08% (0.02% if driving a school vehicle and 0.04% if driving a commercial vehicle). Further, a violation occurs if the driver consumed controlled substances, alcohol and drug combinations, and other noxious agents that can cause impairment.

A second DUI in Pennsylvania involves being arrested for a violation under 75 Pa.C.S. § 3801-3817 within 10 years after a previous offense under the same law. The second violation usually carries a higher penalty, highlighting the Commonwealth's strong commitment to protecting public safety and reducing recidivism.

Is a 2nd DUI a Felony in Pennsylvania?

No. Second DUI offenses are generally treated as misdemeanors, albeit with varying degrees of penalties, depending on the offender's specific situation and the outcome of their alleged actions. For example, a person's charge will be upgraded to a misdemeanor of the first degree, which comes with harsher punishments, if they refuse to submit to chemical testing.

What is the Lookback Period for a Second DUI in Pennsylvania?

A lookback period is the legally defined duration used to determine the severity and punishment for a new offense. Pennsylvania's lookback period for DUI offenses is 10 years, per 75 Pa. C.S. § 3806. The 10-year period is calculated from the date of the prior offense (not the conviction date) to the date of the current offense.

The law also clarifies that if a person is charged and sentenced for multiple DUI crimes in the same criminal prosecution, each offense counts as a prior offense for the others.

What are Aggravating Factors in a Second DUI?

According to 75 Pa. C.S. § 3803, aggravating factors for second DUI offenses include the following:

• High blood alcohol level: The offender's blood alcohol content (BAC) is equal to 0.10% but not above 0.16%.
• Highest blood alcohol level and controlled substances: When the individual's BAC is equal to or above 0.16% or they have ingested controlled substances (whether in combination with alcohol or other drugs) or other intoxicants.
• Injury, harm, destruction of property: Where an accident involving the offender resulted in damage to another vehicle or property, bodily injury, serious bodily injury, or death
• Resisting chemical tests: The second offender refused to submit to chemical or breath testing when approached with a valid search warrant or court order
• Minor passenger: A minor under the age of 18 was an occupant of the vehicle during the second offense
• Underage drivers: The driver was younger than 21 years

What Happens If You Get a 2nd DUI in Pennsylvania?

The following are possible consequences of a second DUI conviction in Pennsylvania:

• Charge of up to a first-degree misdemeanor
• Fine of $300 to $10,000
• Mandatory minimum sentencing of jail time (more than 5 days and up to 5 years)
• Alcohol Highway Safety School attendance and payments
• Suspension of operating (driving) privileges for up to 18 months
• Community service of up to 150 hours
• Ignition interlock on vehicles operated by the individual for at least one year
• Drug treatment

How Long Does a Second DUI Stay On Your Record in Pennsylvania?

A second DUI offense stays on the individual's record until expunged. However, according to 18 Pa. C.S. § 9122, expungement only applies to:

• Individuals not convicted of a second charge
• Deceased persons three years after death
• Convicted second offenders 70 years or older (without arrests or prosecutions within the past 10 years).

People who were convicted and do not meet other provisions will have permanent records.

How Much Does a Second DUI Cost in Pennsylvania

Fines for second DUI offenses are imposed under the following categories according to 75 Pa. C.S. § 3804:

• General impairment: $300 to $2,500

General impairment refers to a DUI offense where the person's BAC ranges from 0.08 to 0.099%

• High BAC: $750 to $5,000

This category covers individuals whose BACs range from 0.10 to 0.159%, minors driving with a BAC of 0.02% and higher, commercial drivers with BACs of 0.04%, and school vehicle drivers with BACs of 0.02% and above.

• Highest BAC: $1,500 to $10,000

Highest BAC fines are imposed on people whose BACs are 0.16% and higher, individuals who have ingested controlled substances and other intoxicants, and offenders who refused to participate in legally approved chemical testing procedures.

However, offenders who had minor passengers are required to pay fines of at least $2,500

Apart from the fine penalties attached to offenses, offenders will also face several other costs, such as the following:

• Attorney fees for criminal defense if the individual does not want a public defender
• Court costs, such as filing fees for various applications, like the $70.25 bail application fee
• License restoration fees
• Ignition interlock device, which usually costs around $1,000 per year
• Court Reporting Network screening fee (costs about $75 to $100, depending on jurisdiction)
• DUI and alcohol highway safety school fees (varies by county)

Chances of Going to Jail for a Second DUI in Pennsylvania

Jail time is part of Pennsylvania's mandatory minimum punishment for second DUI offenses. Like DUI fines, the specific imprisonment period depends on the crime category as follows:

• General impairment: 5 days to 6 months
• High BAC (including violations by minors and commercial or school vehicle drivers): 30 days to 6 months
• Highest BAC (including substance violation and refusal to get tested): 90 days to 5 years

It should be noted that cases involving minor passengers are considered first-degree misdemeanors but attract jail time of one to six months.

Driver's License Suspension for a Second DUI in Pennsylvania

Anyone who violates Pennsylvania's DUI laws for the second time is subject to having their driver's license suspended for at least 12 months. However, individuals whose second DUI offenses are graded as first-degree misdemeanors are subject to a temporary loss of driving privileges for 18 months. These include individuals with the highest blood alcohol content (0.16% and higher), persons who have ingested controlled substances and other noxious agents, offenders who failed to submit to testing, and drivers with minor passengers under 18.

While the person's driving privileges will be restored after the suspension period, the court can impose other punishments and conditions that must be satisfied within the same timeframe.

At the same time, the law provides relief when the suspension of the driver's license may cause undue financial harm.

Ignition Interlock Device Requirement

An ignition interlock device (IID) is a breathalyzer that prevents a vehicle's operation if alcohol is present on the driver's breath. The driver must blow air into the device's mouthpiece to start their vehicle. Further, the device will prompt the driver to blow into the mouthpiece at intervals to ensure they have not consumed alcohol.

75 Pa. C.S. § 3805 requires the installation of a Department of Transport-approved IID on every vehicle owned by, registered to, and to be operated by convicted offenders for at least one year.

The device is usually leased from an approved vendor for approximately $1,000. If an individual does not have a vehicle, they must fill out the Ignition Interlock Self-Certification form and submit it to the vendor for confirmation with PennDOT. Vendors charge different fees for the certification. People can also apply for a Hardship Exemption to have the IID installed on only one vehicle.

Operating or owning any vehicle without the device during the period is a violation, punishable by more than 90 days in prison and a fine of $300 to $1000. Following the violation, the IID requirement will be extended for one year.

DUI School and Substance Abuse Treatment

75 Pa. C.S. § 3814 establishes that second offenders will be subject to alcohol and substance addiction assessments to determine whether there is a need to be enrolled in a drug program. Part of this screening uses the Court Reporting Network (CRN) to understand the offender's treatment needs. The assessment recommends the treatment program's length, level of care, and follow-up and monitoring procedures. The law also requires offenders to attend Alcohol Safety School, which is also part of PennDOT's general DUI program.

These programs are often handled at the county level under the coordination of the Department of Transportation. Multiple counties and jurisdictions sometimes coordinate to run a single DUI program.

Costs, such as the CRN screening and DUI school fees, are covered by the offender. These fees vary by county. For example, Beaver County charges $105 for the CRN evaluation and $325 for DUI school, while Chester County charges $75 and $225, respectively.

Probation Conditions

According to 42 Pa.C.S. § 9763(b), a person's DUI probation conditions are determined after their CRN evaluation. These conditions include the following, depending on the offender's situation:

• Inpatient (residential) drug rehabilitation
• House arrest (with electronic surveillance)
• Partial confinement program (such as a halfway facility)

Other probationary restrictions are outlined in 75 Pa.C.S. § 3815.

Community Service Requirements

Per 75 Pa. C.S. § 3804, judges can impose community service sentences of not more than 150 hours in addition to a person's second DUI penalties.

Impact on Auto Insurance

Insurance companies base premiums on risks, and second DUIs are considered high-risk. As a result, individuals who have completed sentences for second DUI convictions pay significantly higher insurance premiums. Also, most auto insurance policies contain clauses that make maintaining a valid driver's license a primary condition of coverage. That means getting a driver's license suspension under 75 Pa. C.S.A. § 3804 can be regarded as grounds for coverage termination.

While Pennsylvania law does not explicitly require an SR-22 filing, the Department of Transportation mandates proof of insurance as part of the driver's license restoration requirements.

Which Courts Handle DUI Cases in Pennsylvania?

DUI cases in Pennsylvania are generally handled by Courts of Common Pleas, which are the Commonwealth's general jurisdiction trial courts per 42 Pa.C.S. § 931. However, lower courts, such as magisterial district and municipal courts, can handle certain DUI cases, and prosecutors and defendants can appeal judgments to the Pennsylvania Superior Court.

The following are contact details for five courts that handle DUI cases in Pennsylvania:

Philadelphia Municipal Court's Criminal Division
The Stout Center for Criminal Justice
1301 Filbert Street
Room 208
Philadelphia, PA 19107
Phone: (215) 686-7000

Pittsburgh Municipal Court
Municipal Courts Building
660 First Avenue
Pittsburgh, PA 15219
Phone: (412) 350-6715

Allegheny County Court of Common Pleas Criminal Division
436 Grant Street
534 Courthouse
Pittsburgh, PA 15219
Phone: (412) 350-5500
Fax: (412) 350-3842

Lehigh County Courts of Common Pleas
Lehigh County Courthouse
455 West Hamilton Street
Allentown, PA 18101-1614
Phone: (610) 782-3000

Erie County Court of Common Pleas
Erie County Courthouse
140 West Sixth Street
Erie, PA 16501
Phone: (814) 451-6000

Nonetheless, certain drug programs and probation requirements, such as DUI school, license suspension, and IIDs, are handled by the Pennsylvania Department of Transportation.

Individuals can visit or contact the department at:

Pennsylvania Department of Transportation
1101 South Front Street
Harrisburg, PA 17104

One can also find local PennDOT addresses by visiting the department's contact page.

Can You Get a DUI on a Horse in Pennsylvania?

No. The Pennsylvania Supreme Court established in Commonwealth v. Noel that horses do not qualify as vehicles under DUI laws in Pennsylvania. That means individuals cannot be prosecuted under 75 Pa. C.S.A. § 3804. However, people operating horses under the influence of alcohol and drugs can be charged under various other laws, such as 18 Pa.C.S. § 5505 (public intoxication), 18 Pa.C.S. § 5533 (animal cruelty), and 18 Pa.C.S. § 2705 (reckless endangerment).