Pennsylvania Third Offense DUI Laws

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Third DUI in PA
 

The consequences for a Third Offense DUI can be very severe. If you already have two DUI convictions on your record within 10 years, you already know that a DUI 3rd in Pennsylvania is a very serious matter.

In addition to severe fines, increased jail time, and prolonged loss of your driver’s license, you will receive a guaranteed misdemeanor conviction on your permanent, public criminal record. It may even be a felony DUI conviction. But hope is not lost. You can fight back.

Felony Conviction Consequences in Pennsylvania

When selecting which attorney to hire, please consider:

  • Can you call anytime and talk to a live person?
  • Do they offer payment plans with no credit checks?
  • Will your attorney be attentive and explain what’s going on?

At The McShane Firm, we answer yes to all of these questions. We strive to provide you with a great customer service experience during this tough time.

Free PA DUI Info (Easy to Understand Language)

Third Offense DUI Penalties

The specific penalties you face for a Third Offense DUI conviction will be based on your Blood Alcohol Concentration (or BAC) – the amount of alcohol. The higher the BAC, the higher the penalties you will face.

The Commonwealth of Pennsylvania defines three tiers of impairment based on your BAC:

1. General Impairment

Criteria

  • B.A.C. between .08 and .099%
  • No property damage or injury
  • Incapable of safe driving
  • Refusal to take a blood test

Penalties

  • Misdemeanor of the Second Degree
  • Prison sentence of 10 days to 2 years.
    Sentence to be served consecutively to any other sentence.
  • License suspension for 12 months (interlock eligible after 6 months served)
  • Fines between $500 and $5,000
  • Surcharges and court fees not typically less than $600
  • Treatment when ordered
  • DUI School
  • 1 year interlock

2. High Impairment

Criteria

  • BAC between .10 and 0.159%
  • General BAC with an accident or injury
  • School Bus Driver with BAC between 0.02% and .159%
  • Commercial Vehicle with BAC between .04 and 0.159%
  • Minor B.A.C.= .02 to .159%

Penalties

  • Misdemeanor of the First Degree
  • Prison sentence of 90 days to 5 years.
    Sentence to be served consecutively to any other sentence.
  • License suspension for 18 months (interlock eligible after 9 months served)
  • Fines between $1,500 to $10,000
  • Surcharges and court fees not typically less than $600
  • Treatment when ordered
  • DUI School
  • 1 year interlock

3. Highest Impairment

Criteria

  • BAC of .16% or higher
  • Controlled substance DUI
  • Refusal to submit to a breath test or refusal to submit to a valid search warrant for blood

Penalties

  • Felony of the Third Degree
  • 1 year mandatory minimum and a maximum sentence of up to 7 years in prison.
    Sentence to be served consecutively to any other sentence.
  • License suspension for 18 months (interlock eligible after 9 months served)
  • Fines up to $15,000
  • Surcharges and court fees not typically less than $1,000
  • Treatment when ordered
  • DUI School
  • 1 year interlock

Other Important Things to Know

  • Any DUI conviction is noted on your permanent, public criminal record. This means every future employers, landlords, and neighbors can look it up – including your insurance company. Drivers convicted of a third DUI are often dropped by their car insurance provider altogether.
  • With a Third Offense DUI conviction, the court will require you to use a ignition interlock device on your car. This device, which starts your car after testing your BAC, must be paid for out of your own pocket at a typical price of $1,000 or more.
  • If your DUI case involves an injury, accident, or death, you may be liable for sentencing enhancements that carry additional penalties from the State, as well as civil liability for damages from the other people involved.
  • What sort of costs you can expect in a DUI (including DUI Lawyer Costs)

What is The McShane Difference?

  • We take time to understand your personal needs and goals. Then we cater our legal strategy to fit you.
  • We care about you. We listen and return phone calls. We will take time to explain things so you are not left anxious in the dark.
  • We will make this as easy as possible. We will try to minimize the number of times you have to be in court which means less disruption of your work and family life.

Does this sound like what you are looking for in an attorney? If yes, then take the next step and call (717) 657-3900.

Get an attorney right now

As you can see, the penalties of a Third Offense DUI are no joke. If you find yourself accused of a Third Offense DUI in Pennsylvania, the experienced DUI lawyers at The McShane Firm can help to minimize or eliminate the charges against you.

Additional recommended reading:

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.