For a second DUI offense in Pennsylvania, the duration of your license suspension is determined by your Blood Alcohol Content (BAC) level at the time of the offense. Specifically, if you are convicted of a second DUI under the Highest BAC category (0.16% and higher), you face an 18-month license suspension.
Understanding Second DUI Penalties in Pennsylvania
Pennsylvania's DUI laws operate on a tiered system, meaning that penalties, including license suspensions, vary based on the driver's BAC level and the number of prior offenses. A second DUI conviction carries significant consequences, and the exact length of your license suspension is directly linked to the specific BAC tier of your second offense.
Pennsylvania's DUI Tier System for Second Offenses
The following table outlines the typical license suspension periods for a second DUI offense in Pennsylvania, categorized by BAC level:
| BAC Level (Second Offense) | License Suspension |
|---|---|
| General Impairment (.08% to .099%) | 12 months |
| High BAC (.10% to .159%) | 12 months |
| Highest BAC (.16% and higher or controlled substance) | 18 months |
It's important to note that these are general guidelines, and individual circumstances, such as the presence of controlled substances or refusal to submit to chemical testing, can affect the specific penalties.
Additional Consequences of a Second DUI
Beyond license suspension, a second DUI conviction in Pennsylvania can lead to a range of severe penalties, particularly for higher BAC levels. These may include:
- Jail Time: For a second DUI under the Highest BAC category, jail time can range from 90 days to 5 years.
- Fines: Substantial monetary fines, which can vary widely based on the tier.
- Alcohol Highway Safety School: Mandatory completion of an approved alcohol highway safety course.
- Ignition Interlock Device (IID): Installation of an Ignition Interlock Device on your vehicle for a specified period (typically one year) after your suspension ends, at your own expense. This device requires you to provide a breath sample before the vehicle will start.
- Treatment: Court-ordered alcohol or drug addiction treatment if deemed necessary.
- Community Service: Potentially hundreds of hours of community service.
Navigating the Legal Process
Dealing with a second DUI charge requires careful attention to legal procedures. Understanding your rights and the potential outcomes specific to your case is crucial.
- Legal Representation: Consulting with a qualified attorney is highly recommended to help navigate the complexities of DUI law, understand the specific charges, and explore potential defenses or plea options.
- ARDA (Accelerated Rehabilitative Disposition): While ARD is often available for first-time DUI offenders, it is generally not an option for a second DUI offense.
Reinstating Your Driving Privileges
Once your license suspension period has been served, there are several steps you must take to reinstate your driving privileges in Pennsylvania. These typically include:
- Paying all reinstatement fees.
- Completing any mandatory alcohol education or treatment programs.
- Installing and maintaining an Ignition Interlock Device for the required period, if applicable.
- Submitting all necessary paperwork to the Pennsylvania Department of Transportation (PennDOT).
