If you already have two DUI convictions on your record, you already know that this is a very serious matter. In addition to severe fines, increased jail time, and the automatic loss of license for at least a year, you will receive at least misdemeanor conviction on your permanent, public criminal record. In many cases, this can be enhanced to a felony.
Recent changes in law have made many third offense DUIs felonies. All fourth and subsequent DUI offenses are felonies in PA now as well.
We understand this is scary but hope is not lost. You can fight back. We can help you.
THIRD OFFENSE DUI PENALTIES
Like your first and second offense, the specific penalties you face for a Third Offense DUI conviction will be based on your Blood Alcohol Concentration (or BAC) – the amount of alcohol that was present in your bloodstream. The higher the BAC, the higher the penalties you will face.
The Commonwealth of Pennsylvania defines three tiers of impairment based on your BAC:
1. General Impairment
Criteria
- B.A.C. between .08 and .099%
- No property damage or injury
- Incapable of safe driving
Penalties
- Misdemeanor of the Second Degree
- Prison sentence of 10 days to 2 years
- License suspension for 12 months
- Fines between $500 and $5,000
- $200 surcharge
- $100 Substance Abuse Education and Demand Reduction Fund.
- Treatment when ordered
- 1 year interlock
2. High Impairment
Criteria
- BAC between .10 and 0.159%
- General BAC with an accident or injury
- School Bus Driver with BAC between 0.02% and .159%
- Commercial Vehicle with BAC between .04 and 0.159%
- Minor B.A.C.= .02 to .159%
Penalties
- Misdemeanor of the First Degree
- Prison sentence of 90 days to 5 years
- License suspension for 18 months
- Fines between $1,500 to $10,000
- $200 surcharge
- $100 Substance Abuse Education and Demand Reduction Fund.
- Treatment when ordered
- 1 year interlock
3. Highest Impairment
Criteria
- BAC of .16% or higher
- Controlled substance DUI
Penalties
- Felony of the Third Degree
- 1 year mandatory minimum and a maximum sentence of up to 7 years in prison
- License suspension for 18 months
- Fines up to $15,000
- $200 surcharge
- $300 Substance Abuse Education and Demand Reduction Fund
- 1 year interlock
If your BAC was at 0.16% or higher or if you were charged with a DUI with a controlled substance, you will be charged with a felony. It does not matter if the controlled substance was a “hard” drug, medical marijuana, or a prescribed medication. If you are charged with a felony, you will be looking at 1-7 years in prison, an 18 month license suspension and up to $15,000 in fines. In addition to that, a felony can impact your life and career in many other ways.
Even if you avoided the felony tier, a third offense DUI carries very heavy penalties. You could still spend years in prison and face at least a 12 month license suspension. Imagine how these penalties can impact you career and your life.
There is Hope!
At The McShane Firm, it is our job to protect you. We have helped hundreds for drivers who were in a similar situation as you are to reach a favorable outcome. An experienced and highly trained lawyer can make a difference in your case.
No law firm can match our experience and knowledge in DUI. We pride ourselves in investigating the facts or your case and preparing challenges based on science. Our approach is unique and we have helped many drivers get results.
If you are facing a DUI and your future is on the line, call The McShane Firm. After our free consultation, we will tell you if we feel we can make a difference in your case.