Repeat DUI Offenses

Repeat DUI offenses in Pennsylvania are serious. Unlike first time offenders, repeat offenders have fewer alternatives to incarceration. However, an experienced Bucks County DUI defense lawyer can evaluate your case and try to negotiate a good plea. John M. Kenney has defended and resolved DUI cases in communities including Levittown, Bristol, Fairless Hills, Morrisville, Yardley, and Langhorne for more than 30 years. Call us today if you are facing charges for a repeat DUI offense.

Pennsylvania has mandatory minimum sentences for all different levels of DUIs. For example, the mandatory minimum sentence for a first DUI that is classified as Highest rate DUI is: 1) 72 hours in jail to 6 months in prison (sometimes the six months is served on parole); 2) driver's license suspension for a year; 3) $1,000 mandatory fine, though up to $5000 in fines are possible. However, most first offenders will be sent to the Accelerated Rehabilitative Disposition (ARD) program. Those who successfully complete the program have shorter driver's license suspensions, avoid jail time, and can ask for an expungement of their arrest record.

Every time someone commits a repeat DUI within a 10-year period, the penalties are increased. Participation in ARD is treated the same as a conviction for purposes of determining a sentence. As with a first offense, the mandatory minimum sentence for a second DUI depends on the defendant’s blood alcohol content (“BAC”). For example, if you are charged with a second general impairment DUI, your potential sentence is 5 days to 6 months in county jail, a 1-year driver's license suspension, a fine of $300-$2,500, DUI class, treatment of drug and alcohol abuse, and an interlock ignition device installed for 1 year the first year after the license suspension is removed.

As you might expect, the mandatory minimum for a second offense at the highest tier of DUI is harsher: incarceration for a period of 90 days to 5 years, fines of $1,500 to $10,000, driver's license suspension of 18 months, DUI class, treatment for drug and alcohol abuse, and a ignition interlock device installed for 1 year after the license suspension is removed.

The mandatory minimum sentence for a third offense, highest rate DUI is 1 to 5 years’ incarceration, driver's license suspension of 18 months, $2,500 to $10,000 in fines, treatment for drug and alcohol abuse, and an interlock ignition device installed on the defendant's car during the first year after the license suspension is removed. If you've gotten a third offense DUI and your criminal record is clear of violent crimes, you may be eligible for DUI Treatment Court. This allows you to stay in the community, first in county jail and next under house arrest, rather than serve a term in state prison.

A criminal record can affect your ability to secure an education, housing, and gainful employment. Regardless of how many offenses you have, it can be beneficial to receive treatment for alcohol abuse.

You should retain a local attorney to represent you in court. Criminal defense negotiations depends partly on the familiarity that prosecutors and defense attorneys have with each other, and the court's assessment of each lawyer's credibility. As a local Bucks County attorney, Mr. Kenney is familiar with the local court system and district attorneys, and can negotiate pleas on your behalf and effectively represent you at trial, if necessary. For a free initial consultation, contact experienced Bucks County DUI defense attorney John M. Kenney at (215) 547-3031 or by completing our online form.