Being stopped a second time for DUI in Pittsburgh is a very serious circumstance with very serious consequences.
Under Pennsylvania law governing Driving Under the Influence (DUI), the possible penalties for a conviction increase for each subsequent DUI. In other words, the penalties get worse if you are convicted or a second, third, forth, DUI. There is one exception. Each DUI conviction must be within ten years of the past DUI in order for the higher penalties to apply.
So, if you are properly charged and convicted with a second offense DUI, what are the enhanced penalties? Well, just like a First Offense DUI, there are three categories of offenses under Second Offense DUI that are based on your BAC.
BAC is short for Blood Alcohol Content. This is the measurement of the percent of your blood made up by alcohol. Most people know about BAC’s from breath tests or blood tests involved in DUI’s.
The first category of BAC is the General Impairment category of 0.08% - 0.099%. This means that 0.08% to 0.099% of your blood is alcohol. If you are convicted of a Second Offense DUI with this BAC level, you will receive 5 Days to 6 Months in Jail, a $300 - $2500 fine, will have to attend Alcohol/Highway Safety School, and will receive Drug and Alcohol Treatment. You will also receive a 12 month license suspension and will require an Ignition Interlock System in order to get your license back.
If you are convicted of a Second Offense DUI with a BAC of 0.10% - 0.159%, you are considered to have a High Rate of Alcohol in your blood. For this category of Second Offense, you will receive 30 Days to 6 Months in Jail, a $750 - $5000 fine, you will have to attend Alcohol/Highway Safety School, and will receive Drug and Alcohol Treatment. As for your driver’s license, you can expect a 12 Month suspension and will require an Ignition Interlock System to have your license reinstated. This category of penalties also applies to all Commercial/School bus drivers and Minors who are convicted for a Second Offense DUI, regardless of the BAC.
Finally, there is the Highest Rate of Alcohol. This requires a BAC of 0.16% or higher. If you are convicted of a Second Offense DUI with a BAC this high, you will receive 90 Days to 5 Years in Jail, a $1500 Fine, will have to attend Alcohol/Highway Safety School, and will receive Drug and Alcohol Treatment. Also, you will receive a license suspension of 18 Months and will require an Ignition Interlock System to reinstate your license.
At Morrow & Artim, we offer a no cost, no obligation review of your DUI or criminal law matter via a short telephone consult or an email reply. If both you and our firm agree that legal representation is required, an in-office appointment will be scheduled.Call Morrow & Artim today at 412-823-8003 to obtain the legal help that you deserve.