Penalties for a Second DUI in Mercer, Pennsylvania

Unlike a first-time DUI conviction, which courts often view as a mistake and handle with more leniency, a second offense carries mandatory minimum penalties. A criminal lawyer will explain that these penalties often include higher fines, extended driver’s license suspensions, and mandatory jail time. When sentencing, a judge must consider two key factors: whether the driver refused a chemical test within the last 20 years, and what their Blood Alcohol Concentration (BAC) level was (specifically, if it was below or above 0.17 percent). The most effective way to potentially avoid these severe penalties is to consult with an experienced attorney. Depending on your case’s specific details, they may be able to negotiate for reduced charges or even a dismissal.

Second DUI Charge Types

For all second DUI offenses involving alcohol in Pennsylvania, the convicted individual must have an ignition interlock device installed in their vehicle. Other penalties will vary based on the driver’s BAC level and any prior refusals to submit to chemical testing within the last two decades.

Second DUI with a BAC Under 0.17 Percent

• A mandatory minimum jail term of 10 days is required. However, if the jail is at capacity, a judge has the discretion to sentence the individual to 5 days in jail plus 18 days of house arrest, which may include continuous alcohol monitoring via an ankle bracelet. The maximum jail sentence for this offense is six months.
• The offender will also face a fine ranging from a minimum of $525 to a maximum of $1,625.
• Their driver’s license will be suspended for at least one year, although they may apply for limited driving privileges after 45 days. A skilled Mercer DUI lawyer can guide you through this process.
• The individual must use yellow “party plates” on their vehicle.
• A mandatory drug and alcohol assessment is required, along with participation in any recommended treatment programs.
• If the vehicle driven during the arrest is registered to the offender, it will be immobilized for 90 days.

Second DUI with a BAC of 0.17 Percent or Higher

• A mandatory jail sentence of 20 days is imposed. If the jail is overcrowded, this can be modified to 10 days in jail supplemented by 36 days of house arrest, potentially with continuous alcohol monitoring. The maximum possible jail term is six months.
• A fine between $525 and $1,625 will also be levied.
• The installation of yellow party plates is mandatory for this conviction.
• The driver’s license suspension lasts for one year, but restricted driving privileges may be granted after a 45-day waiting period.
• The offender must undergo a drug and alcohol assessment and complete any recommended treatment.
• The vehicle will be immobilized for 90 days if it is registered in the offender’s name. A Mercer criminal lawyer can clarify the specifics of vehicle immobilization.

Second DUI with a Prior Chemical Test Refusal

• A mandatory 20-day jail term is required. If the jail lacks space, the sentence can be altered to 10 days in jail and 36 days of house arrest, possibly with an ankle bracelet for alcohol monitoring. The maximum jail sentence is six months.
• The fine will be between $525 and $1,625.
• The offender must use yellow license plates on their vehicle.
• A mandatory alcohol and drug assessment must be completed, along with any prescribed treatment.
• The vehicle will be immobilized for 90 days if it was registered to the offender and used during the incident.
• The driver’s license is suspended for one year, but driving privileges can be requested after 45 days. Your Mercer DUI lawyer can help navigate this complex legal landscape.

Reinstating Driving Privileges After a Second DUI

When a person is arrested for a DUI, their license is immediately suspended through an Administrative License Suspension (ALS). The individual can petition the appropriate court—be it a county, municipal, or mayor’s court—for limited driving privileges.

To have driving privileges restored, three requirements must be met:

• Paying the reinstatement fee.
• Providing proof of insurance to the Pennsylvania Bureau of Motor Vehicles.
• Serving the court-ordered suspension period.

This process is outlined in the Pennsylvania Revised Code, specifically Section 4511.191(F)(2). Consulting a Mercer criminal lawyer is advisable for navigating these administrative steps.

Pennsylvania Revised Code Section 4511.19 and Court-Ordered Suspensions

If an individual is convicted of a second DUI within six years of a prior conviction, the judge must suspend their license for a period of one to five years, which is classified as a Class 4 suspension. There is a mandatory 45-day waiting period before they can apply for the reinstatement of driving privileges. Additionally, party plates, a $475 fee, and the installation of an ignition interlock device are required if the conviction was alcohol-related. A Mercer DUI lawyer can provide counsel on these matters.

The Logue Law Group has extensive experience and training in handling these cases. Our team has successfully defended hundreds of DUI cases across three states and is ready to help you. Call us at 412.389.0805 for free consultation.