If you are facing a DUI charge and you already have a drunk driving conviction on your record, the consequences of a conviction could be much more serious the second time around. If you already have two or more DUI convictions on your record, the consequences of another conviction could be even greater. As a result, it is essential that you have experienced legal representation, and you will want to discuss your case with an experienced DUI lawyer as soon as possible.

5 Important Facts About Facing a DUI as a Repeat Offender

What do you need to know if you are facing a second (or subsequent) DUI charge? Here are five important facts about facing a DUI charge as a repeat offender in Pennsylvania:

1. Pennsylvania Has a 10-Year “Lookback” Period for Prior DUIs

Like many other states, Pennsylvania now has a 10-year “lookback” period for prior DUIs. While Pennsylvania’s lookback period used to be just seven years, this changed several years ago. The current law states that if a defendant has a prior DUI, “within 10 years prior to the date of the offense for which the defendant is being sentenced,” the defendant is subject to enhanced penalties as a repeat offender.

This means that if you are facing a second DUI and your prior offense took place more than 10 years ago, you are not classified as a repeat offender under Pennsylvania law. It also means that if you have multiple prior DUIs and one or more of your cases are more than 10 years old, these cases should not factor into your sentencing (if you get convicted at trial). If you aren’t sure whether a previous DUI counts as a “prior offense” for purposes of your current drunk driving case, your DUI lawyer will be able to help.

2. All Types of Prior Pennsylvania DUI Charges Count for Repeat Offenders

To qualify as a repeat offender in Pennsylvania, you don’t necessarily need to be facing the exact same type of DUI charge that you faced previously. For example, you can be charged as a repeat offender if:

  • Your prior DUI case involved evidence of impairment, while your current case involves a blood alcohol concentration (BAC) over the legal limit—or vice versa.
  • Your prior DUI case involved a “high” rate of alcohol (BAC of 0.10% to 0.159%) or “highest” rate of alcohol (0.16% or above) while your current case involves “general impairment” (BAC of 0.08% to 0.099%)—or vice versa.
  • Your prior DUI case involved a misdemeanor DUI while your current case involves a felony DUI—or vice versa.

In short, if you have a prior DUI within the past 10 years in Pennsylvania, you can be charged (and sentenced) as a repeat offender under Pennsylvania law. This is true no matter how different each of your DUI cases might be.

3. Out-of-State DUI Charges Can Also Lead to Being Charged as a Repeat Offender in Pennsylvania

Not only can all types of in-state DUI convictions lead to being charged as a repeat offender, but out-of-state DUI convictions can lead to being charged as a repeat offender as well. If you have a prior out-of-state DUI from the past 10 years, this will factor into your case just as it would if you had received your DUI in Pennsylvania.

4. Repeat DUI Offenders Face Steep Penalties Under Pennsylvania Law

If you are being charged as a repeat DUI offender, you are facing steep penalties under Pennsylvania law. Prior offenses increase the fines and jail (or prison) sentences that are on the table, and they can trigger additional penalties as well. Some examples of the potential penalties include:

General Impairment (Second DUI)

  • 12-month driver’s license suspension
  • Five days to six months in jail
  • $300 to $2,500 fine
  • Alcohol safety school and treatment
  • One-year ignition interlock requirement

General Impairment (Third or Subsequent DUI)

  • 12-month driver’s license suspension
  • 10 days to two years in prison
  • $500 to $5,000 fine
  • Alcohol treatment
  • One-year ignition interlock requirement

High BAC (Second DUI)

  • 12-month driver’s license suspension
  • 30 days to six months in jail
  • $750 to $5,000 fine
  • Alcohol safety school and treatment
  • One-year ignition interlock requirement

High BAC (Third or Subsequent DUI)

  • 18-month driver’s license suspension
  • 90 days to five years in prison
  • $1,500 to $10,000 fine
  • Alcohol treatment
  • One-year ignition interlock requirement

Highest BAC (Second DUI)

  • 18-month driver’s license suspension
  • 90 days to five years in prison
  • $1,500 to $10,000 fine
  • Alcohol safety school and treatment
  • One-year ignition interlock requirement

Highest BAC (Third or Subsequent DUI)

  • 18-month driver’s license suspension
  • One to five years in prison
  • $2,500 to $10,000 fine
  • Alcohol treatment
  • One-year ignition interlock requirement

These are not all of the consequences of a second (or subsequent) DUI conviction in Pennsylvania. From increased auto insurance premiums to academic and employment-related issues, having multiple DUI convictions can have a variety of other costly consequences as well.

5. You Can (and Should) Fight Your DUI By All Means Available

Due to the substantial penalties that are on the table, you need to fight your DUI by all means available. Unfortunately, if you are being prosecuted as a repeat offender, you are no longer eligible to participate in Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program. However, you may still have a variety of defenses available, and even if you can’t avoid penalties entirely, you may be able to significantly reduce the consequences of your arrest by having your DUI lawyer negotiate a plea bargain on your behalf. To find out how you should approach your case, you should schedule a free consultation with an experienced DUI lawyer as soon as possible.

Schedule a Free Consultation with Philadelphia DUI Lawyer Brian Fishman

Are you facing a second (or subsequent) DUI in Pennsylvania? If so, we encourage you promptly to learn more about your case. To schedule a free consultation with Philadelphia DUI lawyer Brian Fishman as soon as possible, call us at 267-758-2228 or contact us confidentially online today.