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    Charged With Second DUI in PA

    A second DUI arrest in Pennsylvania is a very serious offense that comes with much stiffer penalties than a first DUI in PA, if convicted.

    Depending on the BAC level (blood alcohol content) a person faces a mandatory minimum of five days in jail to up to five years in prison, not to mention a possible license suspension plus thousands of dollars in fines and a criminal record.

    But just because you have been arrested for a second DUI in Pennsylvania does not mean you will definitely have to go to jail.

    A 2nd DUI charge is not a conviction.

    Talking with an aggressive and experienced Pittsburgh DUI lawyer who knows how to fight for your rights is the first step you need to take.

    It is possible for a second DUI offense to be won in court.  A strong and experienced attorney could make all the difference as to whether you receive a conviction or not.

    At Shrager Defense Attorneys, we understand that good people make mistakes and that some DUI charges and arrests may not be applicable in certain situations. We will do our absolute best to help you keep a clean record.

    Attorney David J. Shrager has fought and won numerous second offense DUI cases over the years. He works with many families and individuals facing DUI convictions. Choose the DUI Attorney who will fight for your rights.

    Our legal team is very understanding and treats every case as if it is our most important case — because it is. The minute you hire our legal team, you can stop worrying — we will do our absolute best to prepare your case and take an aggressive approach in defending your rights.

    If you have been arrested for a DUI offense in Pennsylvania the first thing you should do is to call a Pittsburgh DUI Attorney for a free consultation.

    Attorney Shrager is available on his cell phone 24/7. Let him answer your questions.

    Impact of a Previous ARD Completion

    In 2026, a first DUI conviction following a prior ARD completion with 10 years is charged under a separate statutory provision and penalized under the same framework that applies to a second DUI offense.

    Second DUI With Injuries or Death in Pennsylvania

    If property damages, injuries or vehicular homicide occurred as the result of a DUI conviction, you could face additional penalties from the state. In addition, the other party involved could take you to civil court for damages or other liabilities.

    A Homicide by Vehicle While DUI conviction is a minimum three years in prison and up to ten years for each person whose death you were proven to cause.

    Penalties for a Second DUI Conviction in Pennsylvania

    DUI penalties in Pennsylvania are controlled by 75 Pa.C.S. § 3804.

    Tier 1 DUI Offenses (Ungraded Misdemeanor):

    Tier 1 offenses are the least severe and include the following:

    §3802(a)(1) – General Impairment – Rendered Incapable Of Safely Driving
    This offense involves driving under the influence to the point where you’re unable to drive safely.
    §3802(a)(2) – General Impairment (BAC at least 0.08% but less than 0.10%)
    This offense involves driving with a blood alcohol concentration (BAC) that’s above the legal limit but less than 0.10%.

    Tier 1 Second DUI Penalties:

    • Imprisonment for not less than five days;
    • A fine of not less than $300 nor more than $2,500;
    • Required attendance at an alcohol highway safety school;
    • Compliance with all drug and alcohol treatment requirements;
    • 12-month drivers license suspension. 1-year ignition interlock can begin after 6 months of suspension.

    Tier 2 DUI Offenses (Misdemeanor):

    Tier 2 offenses are more severe and include the following:

    §3802(b) – High Rate Of Alcohol (BAC at least 0.10% but less than 0.16%)
    This offense involves driving with a BAC that’s at least 0.10% but less than 0.16%.
    §3802(e) – Minors (Under age 21, BAC 0.02% or higher)
    This offense involves a minor driving with a BAC of 0.02% or higher.
    §3802(f)(1)(i) – Operating a Commercial Vehicle (BAC 0.04% or greater)
    This offense involves operating a commercial vehicle with a BAC of 0.04% or greater.
    §3802(f)(1)(ii) – Operating a School Bus (BAC 0.02% or greater)
    This offense involves operating a school bus with a BAC of 0.02% or greater.
    § 3804(b) – Accident involving injury, damage or death (BAC 0.08% but less than 0.10%)
    This offense involves causing an accident that results in injury, damage, or death while driving with a BAC of 0.08% but less than 0.10%.

    Tier 2 Second DUI Penalties:

    • Imprisonment of not less than 30 days;
    • A fine of not less than $750 nor more than $5,000;
    • Required attendance at an alcohol highway safety school;
    • Compliance with all drug and alcohol treatment requirements;
    • 12-month suspension of operating privileges upon conviction. 1-year ignition interlock can begin after 6 months of suspension.

    Tier 3 DUI Offenses (Misdemeanor of the First Degree):

    Tier 3 offenses are the most severe and include the following:

    §1547(b)(2)(ii) – General Impairment DUI Conviction Plus Refusal of Breath or Blood Testing Pursuant to a Valid Search Warrant
    This offense involves a general impairment DUI conviction plus refusal of breath testing or blood testing pursuant to a valid search warrant (roadside breath tests not included).
    §3802(c) – Highest Blood Alcohol (0.16% or higher)
    This offense involves driving with a BAC of 0.16% or higher.
    §3802(d) – Controlled Substances
    This offense involves driving under the influence of controlled substances.

    Tier 3 Second DUI Penalties:

    • Imprisonment of not less than 90 days;
    • A fine of not less than $ 1,500;
    • Required attendance at an alcohol highway safety school;
    • Compliance with all drug and alcohol treatment requirements;
    • A 12-month drivers license suspension (with an additional 12-18 months if you refused breath testing or blood testing pursuant to a valid search warrant). 1-year ignition interlock which can begin after 9 months of suspension.

    The consequences of an underage DUI in PA or a third or fourth DUI in PA can be much more severe.

    Other Consequences of a Second DUI

    A DUI conviction is a permanent mark on your record that anyone who runs a background check on you will see, including landlords, future employers, banks (if you ever plan on taking out a loan), college admission offices, and insurance companies.

    In addition to the penalties imposed by the Commonwealth of Pennsylvania you may face other indirect penalties for a DUI conviction. These could include:

    • Increased auto insurance premiums
    • Inability to obtain auto insurance
    • Difficulty finding employment
    • Difficulty finding housing
    • Difficulty getting accepted into college

    In addition, a loss of a driver’s license could mean that you will not be able to get to work or pick up your children from events/school. You may have to rely on others for simple errands like going to the grocery store. You may have to make car payments on a car that is not legal for you to drive.

    Protect your future by calling an experienced DUI Attorney who will fight hard for your rights. Many DUI cases can be won and result in a sharp reduction of fines and penalties.

    How a Pennsylvania DUI Lawyer Can Help

    Our attorneys empathize with your situation and will talk plainly to you about your situation, not in complicated “legal-eze”.  Our staff will never talk down to you or make you feel worse about your situation.

    We are here to help you understand the charges brought against you and the legal proceedings you face so that we can better defend your rights.

    We will closely examine your DUI charges and the confusing paperwork that will come with it. We examine all police reports and videotape to see that the police followed proper procedure and that all evidence was collected legally. If the arresting officers did not follow proper procedures, we will motion for the evidence to be suppressed, which will result in a full dismissal of charges.

    We will also prepare you for the preliminary hearing, which will determine whether or not your case will be moved forward to prosecution for DUI. During your hearing, the officer who made your arrest will be present.

    The preliminary hearing can be the toughest part of the entire process and having an experienced Pittsburgh DUI lawyer who knows the ins-and-outs of these proceedings is essential to helping your case.

    We will weigh all of your options, including a trial and negotiated pleas to have your charges and fines reduced or dropped.

    Shrager Defense Attorneys are experienced criminal lawyers who, for years, have been fighting and winning DUI cases for the people of Pittsburgh. Let us defend your rights.

    Learn More About DUI Laws in Pennsylvania:

    Shrager Defense Attorneys in Pittsburgh, PA will attack your criminal charges in order to protect your good name. Have a sound and solid case prepared by our legal team so they can fight for your rights.