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Scranton Multiple DWI Defense Lawyer

Facing Charges for Your Second or Third DUI Offense?

It is always scary being charged with driving under the influence (DUI) or driving while intoxicated (DWI). However, when the charge is the second, third, or subsequent offense an individual is facing, it can be even more stressful. With each new offense, the penalties increase. A person could be facing higher fines, more jail time, and a longer period of time in which their driver’s license is suspended. The penalties will be determined by the number of prior DUI offenses a person has on their criminal record, along with their blood alcohol concentration (BAC.)

Anyone that has been charged with multiple DUI or DWI offenses should speak to a Scranton DUI attorney as soon as possible. Even a first offense will make the penalties for repeat offenses worse and an attorney can help reduce the charges, and the penalties associated with them.

The “Lookback” Period

The “lookback” period as it pertains to DUIs and DWIs in Pennsylvania refers to the period of time that will be considered on a person’s criminal record. If an individual has a DUI or DWI offense within the past ten years, that will be considered a prior conviction. However, if a person has a conviction older than ten years on their criminal record, that will not be considered as a prior conviction.

Second DUI Offense

Pennsylvania has a tiered approach to sentencing for multiple DUI offenses. The lowest tier will indicate penalties for lower BAC levels. As a person’s BAC levels increase, so too will the penalties. BAC levels and penalties for a second DUI or DWI offense are below.

BAC 0.08 to 0.099

  • Mandatory five days in jail, maximum sentence of six months
  • Fines between $300 and $2,500
  • License suspension of 12 months

BAC 0.10 to 0.159

  • Mandatory 30 days in jail, maximum sentence of six months
  • Fines between $750 and $5,000
  • License suspension of 12 months

BAC 0.16

  • Mandatory 90 days in jail, maximum sentence of five years in jail
  • $1,500 fine
  • License suspension of 18 months
  • Mandatory attendance at Alcohol Highway Safety School
  • Required installation of ignition interlock device

Third DUI Offense

A third conviction for a DUI offense in Pennsylvania will have even more severe penalties. Depending on a person’s BAC, they could spend up to five years in jail when they have two prior DUI convictions and are convicted a third time. Like a second DUI offense, a third offense will have different penalties depending on how high a person’s BAC levels are at the time of arrest.

BAC 0.08 to 0.099

  • Mandatory ten days in jail, maximum sentence of 2 years
  • Fines between $500 and $5,000
  • License suspension of 12 months

BAC 0.10 to 0.159

  • Mandatory 90 days in jail, maximum sentence of five years
  • Fines between $1,500 and $10,000
  • License suspension of 18 months

BAC over 0.16

  • Mandatory one year in jail, maximum sentence of five years
  • Mandatory fine of $2,500 or more
  • License suspension of 18 months
  • Required installation of ignition interlock device

How a Scranton DUI Attorney Can Help

Being charged with a second, third, or even fourth DUI or DWI is very serious in Pennsylvania. It can take years for a person to regain their life and freedom after a subsequent conviction. There are options however, for a person that has been charged but not yet convicted of multiple DUI or DWI offenses.

If you have been charged with a first or subsequent DUI or DWI, you need to contact a DUI lawyer in Scranton as soon as possible. At the office of Ernest D. Preate, Jr., Esquire, we have the experience to help get charges reduced, negotiate plea bargains, or get the charges dismissed altogether. These charges, and associated penalties, are some of the harshest in the country and you should not try to fight them on your own. Contact us today at 570-558-5970 for your free consultation.

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Ernest D. Preate, Jr. Esquire

204 Wyoming Avenue
2nd Floor, Suite C
Scranton, Pennsylvania 18503
Phone: 570-558-5970
Fax: 570-558-5973

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