Pennsylvania’s Laws on Repeat DUI Offenders

Pennsylvania’s Laws on Repeat DUI Offenders

Driving under the influence (DUI) is a serious offense in Pennsylvania, especially for repeat offenders. The state recently passed new legislation to crack down on drivers who continue to drive impaired after multiple prior DUI convictions. This article provides an overview of Pennsylvania’s DUI laws, with a focus on the penalties for repeat offenders.

What Constitutes a DUI in Pennsylvania?

In Pennsylvania, a DUI charge can be based on either alcohol or drugs. The legal limit for blood alcohol concentration (BAC) is 0.08%. Drivers over the age of 21 can be charged with general impairment DUI if they display signs of intoxication, even if their BAC is under 0.08%. For drivers under 21, any detectable amount of alcohol in their system can warrant a DUI charge.

A DUI drug charge applies when a driver is impaired by legal or illegal drugs. This includes prescription medications, over-the-counter drugs, marijuana, cocaine, heroin and more. Police officers are trained to detect signs of intoxication for drugs through field sobriety tests.

Penalties for First-Time DUI Offenders

For first-time DUI offenses in Pennsylvania, penalties vary based on the driver’s BAC and other circumstances. Possible penalties include:

• Fines up to $5,000
• Jail time ranging from several days up to 6 months
• License suspension up to 1 year
• DUI classes and treatment programs
• Ignition interlock device installed in vehicle

Penalties tend to be more severe for first-time offenders who had a very high BAC, caused an accident, or refused chemical testing. Minor drivers and commercial drivers also face stiffer penalties.

What Qualifies as a Repeat DUI Offender?

Under Pennsylvania law, a “repeat offender” refers to someone convicted of a second or subsequent DUI offense within 10 years. The 10-year “lookback period” is important because it determines how prior DUIs are counted for sentencing purposes.

Penalties for Second-Time DUI Offenders

For a second DUI offense within 10 years, possible penalties include:

• Fines up to $10,000
• Jail time ranging from 90 days up to 5 years
• 12-18 month license suspension
• Ignition interlock device installed in vehicle

Again, the specific penalty depends on factors like the driver’s BAC, if there was an accident, refusal of testing, etc. But in general, second-time offenders face mandatory jail time and longer license suspensions.

Penalties for Third-Time DUI Offenders

Under Pennsylvania’s new law, a third DUI offense within 10 years is punishable by:

• Fines up to $10,000
• Mandatory jail time of 1-5 years
• 18 month license suspension
• Possible vehicle forfeiture

These increased penalties for a third offense aim to keep repeat drunk drivers off the road. Jail time is mandatory, even for first-time offenders who fall into the lowest tier. Some third-time offenders may also face felony charges.

Penalties for Fourth-Time and Subsequent Offenses

Under Pennsylvania’s new law, a fourth-time DUI offense within 10 years is graded as a second-degree felony. This brings even tougher penalties of:

• Fines up to $25,000
• Jail time ranging from 2.5 to 10 years
• 18 month license suspension
• Possible vehicle forfeiture

For fifth, sixth and subsequent offenses, penalties continue to increase in severity. Jail time and fines escalate rapidly. Permanent license revocation is possible. Felony charges also become more likely for these repeat offenders.

Other Consequences of Repeat DUIs

In addition to fines, jail time and license suspension, repeat DUI offenders face other consequences including:

• Higher insurance rates or loss of coverage
• Difficulty finding or keeping employment
• Public embarrassment and stigma
• Travel restrictions to Canada
• Potential loss of professional licenses
• Higher risk of alcoholism and addiction

The costs and consequences of repeat DUIs can be devastating. That’s why Pennsylvania lawmakers felt compelled to pass tougher laws targeting these offenders.

New Legislation Targeting Repeat DUI Offenders

In July 2022, Pennsylvania enacted “Deana’s Law” to crack down on repeat drunk driving. The law, which took effect in November 2022, includes these key provisions:

• Increases grading of 3rd offense from 3rd-degree felony to 2nd-degree felony
• Increases grading of 4th offense to 2nd-degree felony if BAC is very high or drugs are involved
• Mandates consecutive sentencing for certain repeat offenses
• Lengthens driver’s license suspensions for repeat offenses

The consecutive sentencing provision aims to prevent repeat offenders from serving multiple sentences concurrently. The law enhances penalties across the board for those with multiple prior DUIs.

Defenses for Repeat DUI Offenders

Despite the tougher laws, experienced DUI defense attorneys can still mount an aggressive defense for repeat offenders. Possible defenses include:

• Illegal traffic stop
• No probable cause for DUI arrest
• Errors in chemical testing procedures
• Mistakes in laboratory analysis
• Medical conditions mimicking intoxication
• Violation of defendant’s rights

An attorney may also argue for sentence mitigation and treatment programs in lieu of harsh mandatory minimum penalties. While the new law is strict, all hope is not lost even for drivers facing a 3rd, 4th or 5th DUI offense.

Conclusion

Pennsylvania’s new legislation sends a strong message to repeat DUI offenders. Those who continue to drive impaired after multiple prior convictions will face escalating fines, jail time, license suspensions and other penalties. While defenses remain possible, the uphill battle gets steeper with each new offense. The best advice is to always use a designated driver or ride sharing service after drinking. The consequences simply aren’t worth the risk.