

Attorney Grant C. Travis
Attorney Chad J. Vilushis
Attorney Douglas G. McCormick
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Pennsylvania treats second time DUI offenders more harshly than first time offenders, particularly with respect to mandatory minimum jail sentences. You should be aware that the PA DUI penalties and the mandatory minimum jail sentences are significantly increased for a PA DUI second offense.
If you thought it was rough being arrested for a PA DUI the first time, the second offense will likely be far more severe.
The mandatory minimum jail sentence that may apply in a given situation for a PA DUI second offense within 10 years will largely depend upon the alcohol concentration found in a sample of the offender’s breath or blood taken within two hours of driving.
Under Pennsylvania law, there are three tiers of BAC DUI offenses:
For a second General Impairment offense, a DUI offender’s penalties may include, among other things:
For a second High Rate of Alcohol offense, a DUI offender’s penalties may include:
For a second Highest Rate of Alcohol offense, a DUI offender’s penalties may include:
As you can see, the penalties for a PA DUI get progressively worse as the blood alcohol content rises. Unfortunately, a DUI suspect cannot avoid these penalties simply by refusing to provide a sample of breath or blood for testing. While that might seem like a logical and easy way out, it actually could become a bad decision.
You see, individuals charged with a PA DUI involving a refusal to provide a breath or blood sample for testing will automatically face the same penalties as an individual convicted of the Highest Rate of Alcohol offense, and may also face an additional license suspension. Still think refusing a breath or blood test sounds like a good idea?
What is a good idea is hiring a professional, experienced DUI attorney. He or she can provide a person facing a second PA DUI offense within 10 years the best opportunity to avoid, or at least minimize, the potentially devastating effects of the penalties for a second DUI conviction.
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