Second DUI Charge in Lancaster County? Here’s What to Do

If convicted of a second DUI in Lancaster County, you could be facing significant legal consequences. Pennsylvania law imposes escalating penalties for repeat offenders, and the severity of your punishment will depend on factors such as your blood alcohol concentration (BAC) at the time of the arrest and any aggravating circumstances, such as the presence of minors in the vehicle or causing injury to another person.

 


Penalties for Second DUI Offenses

General Impairment

Criteria:

  • BAC between 0.08% and 0.099%
  • No property damage or injury
  • Incapable of safe driving

Penalties:

  • 5 days to 6 months in prison
  • 12-month license suspension (interlock eligible after 6 months)
  • Fines from $300 to $2,500
  • Surcharges and court fees not less than $300
  • Treatment when ordered
  • DUI (MOP) School
  • 1-year interlock

High Impairment

Criteria:

  • BAC between 0.10% and 0.159%
  • Minor BAC of 0.02% to 0.159%
  • General BAC with an accident or injury
  • School bus driver BAC of 0.02% to 0.159%
  • Commercial vehicle BAC of 0.04% to 0.159%

Penalties:

  • 30 days to 6 months in prison
  • 12-month license suspension (interlock eligible after 6 months)
  • Fines from $750 to $5,000
  • Surcharges and court fees not less than $400
  • Treatment when ordered
  • DUI (MOP) School
  • 1-year interlock

Highest Impairment

Criteria:

  • BAC of 0.16% or higher
  • Controlled substance DUI
  • Refusal to submit to a breath test or valid search warrant for blood

Penalties:

  • Misdemeanor of the first degree
  • 90 days to 5 years in prison
  • 18-month license suspension (interlock eligible after 9 months)
  • Fines from $1,500 to $10,000
  • Surcharges and court fees not less than $700
  • Treatment when ordered
  • DUI (MOP) School
  • 1-year interlock

The Impact Beyond Legal Penalties

In addition to the immediate legal penalties, a second DUI conviction can have significant long-term effects on your life:

  • Employment Consequences: You may face challenges finding or keeping employment, especially if your job requires driving or a clean criminal record.
  • Increased Insurance Premiums: Auto insurance rates will rise dramatically after a second DUI conviction, and in some cases, your policy could be canceled entirely.
  • Social and Personal Consequences: A second DUI charge can strain personal relationships and damage your reputation within your community.

How The McShane Firm Can Help

At The McShane Firm, we understand the gravity of a second DUI charge and the impact it can have on your life. Our experienced attorneys are well-versed in Pennsylvania DUI law and are ready to craft a personalized defense strategy aimed at minimizing the penalties or, in some cases, having the charges reduced or dismissed.

Our team can:

  • Analyze the details of your arrest to determine if any of your rights were violated.
  • Challenge the accuracy of field sobriety tests, breath tests, and blood tests.
  • Investigate law enforcement procedures for any errors that could weaken the prosecution’s case.
  • Negotiate with prosecutors to reduce charges or penalties.
  • Advocate for you in court to secure the best possible outcome for your case.

Contact The McShane Firm for a Free Consultation

A second DUI charge in Lancaster County doesn’t have to define your future. At The McShane Firm, we are dedicated to providing aggressive, thorough legal defense to protect your rights and help you move forward. Contact us today at (717) 657-3900 for a free, confidential consultation, and let us start building a strong defense on your behalf.

Our Clients are entitled to a Bill of Rights which states:

  • Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
  • Our clients have the right to expect plain speaking, straight shooting. No B. S.
  • Our clients have the right to expect us to do it right the first time, every time.
  • Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
  • Our clients have the right to expect that they will be fully informed at all times.

This is our promise to you. Call today to get us on your side: (717) 657-3900.

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.