The mandatory minimum sentences, penalties and consequences for repeat DUI offenders can be pretty severe here in the Commonwealth of Pennsylvania. When we say repeat DUI offenders, it’s usually someone who has either a second DUI or third DUI in the last ten years. Here in Pennsylvania we do have the ten year look back period where the penalties and the fees, of course, are much higher with repeat offenders, your second of third DUIs, then someone getting a first DUI.
If somebody does get a second DUI in the last ten years then it all depends once again on what tier they’re in. The 10 years is relevant as that is how far back Pennsylvania courts look back to see if you have had a prior DUI. Whether they’re in Tier 3, which is either your above a .16, your blood alcohol level, or if you have prescription meds or illegal narcotics in your system, or if it’s a refusal then you’re considered third tier, second DUI. The penalties would be that that becomes what’s called an M1, a misdemeanor in the first degree. Your jail time goes from 90 days to five years in jail. Also you would have an 18 month license suspension and do the usual community service and safe driving classes, and the drug and alcohol evaluation. That’s the highest tier.
Now, if you come into Tier 2, which your blood alcohol level, your BAC, is between a .10 and a .16, or I should say .10 and between .159, then you’re considered Tier 2 and that is an ungraded misdemeanor and the time you’re looking at is 30 days in jail to six months in jail, and a 12 month license suspension with the usual safe driving classes and drug and alcohol evaluation. If you are a Tier 1, which is between .08 and a .099, which is the lowest tier, and it’s your second DUI, then you are facing five days in jail up to six months. Five days to six months, and that’s an ungraded misdemeanor, and you also are facing a 12 month license suspension.
Now if this is your third DUI in the last ten years, then the penalties are much more severe. If you are in the third tier, the highest tier above a .16 or have drugs in your system, whether it’s prescription or illegal narcotics, or you are refusal, then you could be facing, you will be facing one year to five years in state prison, which is a very, very, very serious occurrence. If you happen to be in Tier 1 or Tier 2, if you’re in Tier 2 then you still are facing 90 days to five years in county prison. In Tier 1 you would be facing ten days to six months in county prison if this is your third DUI in the last ten years and you’re in those tiers.
Contact Our Attorneys Helping Repeat DUI Offenders
Repeat DUI offenders are looking at very serious penalties that can impact many areas of your life. Let our Pennsylvania DUI Defense Attorneys help you. Being a former prosecutor Mr. Kellis has several decades experience handling first time DUI’s in PA as well as helping repeat DUI offenders facing 2nd, 3rd and 4th DUI’s. Please click here to contact our Pennsylvania Subsequent DUI Defense Attorneys for a free case review.
Mr. Kellis serves those facing driving under the influence of alcohol and or drugs in all of Eastern Pennsylvania. This includes the Allentown, Philadelphia. Norristown, Media, Upper Darby, Lancaster, Doylestown, Easton, Bethlehem, York, Harrisburg & Gettysburg, PA areas.