The consequences of a third DUI in Pennsylvania typically depend on your blood alcohol content (BAC) level when you were pulled over, as well as the specific circumstances of your case. Depending on the offense, the penalties may include license suspension, a misdemeanor or felony charge, jail or prison time, fines, and installation of an ignition interlock device.
In this article, our DUI lawyer explains the potential consequences of a third DUI in Pennsylvania and how a strong legal defense may help you fight the charges.
Consequences You Could Face After Getting a Third DUI
Under 75 Pa. C.S.A. § 3802, Pennsylvania classifies DUI offenses into three impairment tiers based on a driver’s blood alcohol content (BAC) or other circumstances involving alcohol or controlled substances. These tiers are used to determine the penalties for a DUI conviction:
- General Impairment: BAC of 0.08% to 0.099%
- High Rate of Alcohol: BAC of 0.10% to 0.159%
- Highest Rate of Alcohol: BAC of 0.16% or higher
The penalties for a third DUI generally depend on the applicable impairment tier and the specific facts of your case. Below is an overview of the potential penalties for each category.
General Impairment
General impairment is the lowest BAC level, but that does not mean you won’t face harsh penalties. If you are convicted of a third DUI and had a BAC of .08% to .099%, you may:
- Have your license suspended for 12 months
- Spend anywhere from 10 days to two years in prison
- Get charged with a second-degree misdemeanor
- Need to pay a fine of $500 to $5,000
- Have an ignition interlock device placed in your car for a year
Even at the general impairment level, a third DUI conviction can result in significant criminal penalties and long-term consequences that may affect many aspects of your life.
High BAC
Pennsylvania considers you to have a high BAC if your blood alcohol content (BAC) was .10 to .159%. If you are convicted of a third DUI, you may face penalties such as:
- An 18-month driver’s license suspension
- 90 days to five years in prison
- A first-degree misdemeanor charge
- Fines between $1,500 to $10,000
- Installation of an ignition interlock device for one year
If you have three or more prior DUI offenses, Pennsylvania law generally increases the mandatory minimum prison sentence to one year while the maximum penalty remains five years.
Highest BAC
When you have a BAC of .16% or higher, you fall into the highest rate of alcohol category. If you are convicted of a third DUI, you may face the following penalties:
- 18-month driver’s license suspension
- One to five years in prison
- A first-degree misdemeanor charge
- Fines from $2,500 to $10,000
- Installation of an ignition interlock device for one year
The penalties for a third DUI may vary depending on the facts of your case and the specific statutes that apply, so it is important to understand how Pennsylvania law applies to your situation.
Other Penalties You May Face When You Get a Third DUI in Pennsylvania
A drunk driving charge can impact several areas of your life. Beyond the legal repercussions of a DUI charge, you could face consequences like:
- Increased auto insurance premiums: Your insurance rates may go up after a DUI conviction. It won’t help switching to a new provider, either. Your record will follow you, which may make other insurance companies hesitant to insure you.
- Problems with transportation: When your license is suspended, you can’t drive. This may make it difficult to commute to your job or school. Even running errands like shopping for groceries or attending doctor’s appointments will be more inconvenient without your license.
- Issues at work or school: You could face consequences in your professional or academic life after a third DUI. Depending on your employer’s or school’s policies, a DUI conviction could affect your employment, enrollment, or eligibility for certain opportunities. When your school finds out about your DUI, you could lose any scholarships you have.
DUI charges should not be taken lightly. Even if you were charged with a third DUI, though, don’t lose hope. Our DUI attorney may be able to get your charges dropped or reduced.
You May Want to Hire a DUI Lawyer After Your Third Charge
If you’ve been pulled over for driving under the influence more than once, you know how nerve-racking it is. You do not have to stand up against your charges alone. Our team is experienced and knows how to build a defense strategy against your DUI charge.
Our DUI lawyer in Pennsylvania can:
- Listen to the details of your case to determine the most effective defense strategy to use
- Gather evidence that may challenge the allegation that you were driving under the influence
- Represent you in court, if necessary
- Speak to witnesses, including anyone who served you alcohol
- Attempt to get your charges reduced or dropped
- Explain the laws that apply to your case
- Answer any questions you might have
- Advise you on your legal options
- Communicate with you through phone calls, texts, emails, or social media
Our criminal defense lawyer can evaluate the facts of your case, explain your legal options, and develop a defense strategy based on the evidence and circumstances surrounding your arrest.
Defenses We Can Use Against Your DUI Charge
Once we understand what happened in your DUI case, we can build a defense strategy for you. Defenses we could use in your case include:
- Illegal stop: The police did not have a valid reason to suspect you were driving under the influence and pull you over.
- Inaccurate breath test: Sometimes, breathalyzer machines do not produce correct results. We may find the machine used to test your BAC was faulty.
- Invalid field sobriety test results: If the officer did not properly conduct your sobriety test, we can use this information in your defense.
- Miranda rights violation: If the officer questioned you while you were in custody without advising you of your Miranda rights, certain statements you made may not be admissible in court.
When you hire us, we want to know all the details of your case. That way, we can use the most appropriate information when we represent you. We will listen to you without judgment and provide honest advice about your next steps.
What Happens if You Refuse Chemical Testing?
Under Pennsylvania’s implied consent law, 75 Pa. C.S.A. § 1547, drivers who are lawfully arrested for DUI are generally required to submit to chemical testing. If you refuse a blood test after your arrest, you could face additional consequences, including a driver’s license suspension imposed by the Pennsylvania Department of Transportation (PennDOT).
In some cases, a refusal may also affect the penalties you face if you are convicted of DUI.
Does a Third DUI Always Mean Jail?
Pennsylvania law imposes mandatory minimum jail or prison sentences for many third DUI convictions. However, the sentence you ultimately receive depends on several factors, including:
- Your blood alcohol content (BAC)
- Your prior DUI history
- The specific statutes that apply to your case
The evidence, the circumstances surrounding your arrest, and any legal issues involving the traffic stop or chemical testing may all affect how your case is resolved. Because the consequences of a third DUI can be severe, it is important to understand your legal options as early as possible.
What Should You Do if You Are Stopped for a Suspected Third DUI?
If you are stopped on suspicion of driving under the influence, the decisions you make from that point forward can affect your case. Consider taking the following steps:
- Remain calm and cooperate: Be polite with the officer and comply with lawful requests. Avoid arguing or becoming confrontational during the stop.
- Be mindful of what you say: Anything you say may become part of the evidence in your case. If you are unsure how to answer a question, avoid volunteering unnecessary information.
- Keep all case-related documents: Save any citations, charging documents, court notices, and driver’s license paperwork you receive. These documents may contain important information about your case and upcoming deadlines.
- Attend all required court appearances: Missing a scheduled court date or failing to comply with court orders could result in additional legal consequences.
- Avoid discussing your case with others: Do not discuss the facts of your case with anyone other than your attorney. Statements made to friends, family members, or on social media could potentially be used against you.
Taking these steps can help protect your rights and put you in a better position as your case moves through the criminal justice system.
Contact McKenzie Law Firm, P.C. After Your Third DUI in Pennsylvania
You don’t have to face your third DUI charge alone. The team at McKenzie Law Firm, P.C. has years of experience managing DUI cases in Pennsylvania. We can build a solid defense on your behalf and stand up for your rights.
Don’t wait to reach out to an attorney after your third DUI. Our team is available 24/7, and we’re ready to take your call today.
