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Second DUI Charge

If you have been arrested for a second offense DUI in Pennsylvania, you will be facing severe penalties. In addition to jail time, fines, and drug and alcohol treatment, you will be facing a lengthy license suspension period and mandatory installation of an ignition interlock. These additional requirements carry separate rules and costs in effect long after a DUI case has ended.

Even if you have no prior conviction, you can be charged with a second offense DUI. If you were previously accepted into ARD and subsequently arrested for DUI, this will be a second offense. In addition, it is possible to be charged with a second offense DUI if your first DUI occurred outside of Pennsylvania. It is imperative to contact an attorney if you are not sure if your offense qualifies as a first or second offense DUI.

Chester County Second Offense DUI Attorney

If you have been charged with drunk or drugged driving in Chester County or Delaware County and it is your second offense, it is important to contact an experienced attorney who is knowledgeable about Pennsylvania’s DUI laws. Michael J. Skinner will aggressively fight for each of his clients charged with Driving Under the Influence.

The attorneys at the Skinner Law Firm know that entering a guilty plea for many clients is not an option, and will make every effort to avoid a criminal conviction for their clients. Call (610) 436-1410 today for a consultation.


Penalties for a Second Offense DUI in Pennsylvania

A second DUI involving a BAC of .08 to .099% is an ungraded misdemeanor.  For a second DUI in Pennsylvania with this BAC, the mandatory minimum sentence is:

  • At least 5 days in jail (although the court could sentence up to 6 months in jail);
  • Pay a fine between $300 to $2,500;
  • Successfully complete the alcohol highway safety school;
  • Complete any ordered alcohol or drug abuse treatment, if ordered;
  • Install an ignition interlock for 12 months; and
  • 12 months license suspension

A second DUI involving a BAC ranging from .10 to .159% is an ungraded misdemeanor. For a second DUI in Pennsylvania with this BAC, the mandatory minimum sentence is:

  • At least 30 days in jail (although the court could sentence up to 6 months in jail);
  • Pay a fine between $750 to $5,000;
  • Successfully complete the alcohol highway safety school;
  • Complete any ordered alcohol or drug abuse treatment, if ordered;
  • Install an ignition interlock for 12 months; and
  • 12 months license suspension

A second or subsequent DUI involving a BAC of .16% or higher is considered a misdemeanor of the first degree. For a second DUI in Pennsylvania with this BAC, the mandatory minimum sentence is:

  • At least 90 days in jail (although the court could sentence up to 5 years in prison);
  • Pay a fine between $1,500 and $10,000;
  • Successfully complete the alcohol highway safety school;
  • Complete any court ordered alcohol or drug abuse treatment, if ordered;
  • Install an ignition interlock for 12 months; and
  • 18 months license supsension

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DUI Driver’s License Suspensions in Chester County and Delaware County

Pennsylvania law mandates a driver’s license suspension for a second DUI conviction be as follows:

  • If the driver’s BAC was below .10% and incapable of safely driving, the license suspension will usually be for 12 months for a second or subsequent offense;
  • If the driver’s BAC was greater than or equal to .10%, but less than .16%, involved an accident or injury, involved a minor with a BAC equal to or greater than .02%, or involved certain commercial or school bus drivers, the license suspension will usually be for 12 months for a second or subsequent offense;
  • If the driver’s BAC was greater than or equal to .16%, involved a refusal, or involved driving under the influence of a controlled substance, the license suspension will be for 18 months for a second or subsequent offense.

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Ignition Interlock Device in Pennsylvania for a Second DUI

For drivers convicted of a second or subsequent DUI offense, they will be required to install an ignition interlock device in their car. In the past, a driver could opt to serve an additional one year license suspension to avoid this installation. This is no longer an option and all second offense DUI offenders must comply.

Under the current law, a driver with a second or subsequent conviction for DUI must install an ignition interlock device on all vehicles owned or leased in their name before their driving privileges can be restored. In order to obtain an ignition interlock, drivers must also show financial responsibility for all vehicles that they own or lease.

Only certain drivers may apply for an exemption from the requirement to install the ignition interlock device on each and every vehicles. A driver may seek an exemption if he will suffer from severe financial hardship installing the device on all vehicles. If the exemption is granted, the installation will only be required on one vehicle.

Under certain circumstances, drivers who are required to have an ignition interlock device on their own vehicle may still operate vehicles owned by their employer without an ignition interlock device, but only during the course and scope of employment. The driver must notify the employer of the ignition interlock restriction, and carry proof of employer notification on a PennDOT form. The employer owned vehicle cannot be a large passenger vehicle, or school bus or vehicle. Be sure to contact a qualified driver license suspension attorney to see if these exceptions apply to your case.


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Occupational Limited Licenses (OLL) After a Second DUI in Pennsylvania

For a second offense DUI conviction with an 18-month license suspension, an individual may be eligible for an Occupation Limited License (OLL) after serving the first 12 months of the license suspension. An OLL may only be issued once every 5 years. If an individual applied for and received an OLL from a prior DUI within the past 5 years, the individual is ineligible for a subsequent OLL based upon a second offense DUI conviction. In addition, an individual must still install an ignition interlock on all vehicles owned during the remaining 6-month license suspension.


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Combating a Second Offense DUI Charge In Delaware County and Chester County

If you were arrested for DUI in Chester County, Delaware County or Montgomery County, and this is your second offense, contact an experienced criminal defense attorney to discuss the particular facts and circumstances of your case. Michael J. Skinner will make every effort to protect you from harsh punishments for this serious criminal charge. Contact the Skinner Law Firm at (610) 436-1410 for a consultation about your Second DUI arrest in Pennsylvania.

Michael Skinner
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