How Prior DUI Convictions Affect Your Sentence in Lancaster

A prior DUI conviction can significantly affect the penalties you face after a new DUI charge in Pennsylvania. Under state law, prior offenses can increase the grading of a DUI offense and lead to harsher sentencing requirements. If you are facing a new DUI charge after a previous conviction, our Lancaster DUI defense lawyers can help explain how your previous criminal record may affect your case. 

How Pennsylvania Law Treats Prior DUI Convictions

Under 75 Pa.C.S. § 3804, the penalties for a DUI conviction depend on how serious the offense is and how many prior DUI offenses the person has. Prior offenses can greatly affect the punishment for a new conviction. 

In Pennsylvania, a previous offense generally counts if it happened within 10 years before the new DUI. This means that someone who has not had a qualifying DUI in the past 10 years may face less serious penalties than someone who has had a DUI during that time. 

A prior DUI conviction can affect the potential sentence if there is a new conviction, but it does not automatically establish that a person is guilty of the new DUI charge. Our team can review the evidence from the new arrest and determine whether there are defenses or legal issues that may affect your case.

Legal Penalties for Additional DUI Offenses in Pennsylvania

A second DUI charge does not automatically result in the same penalties in every case. Pennsylvania law considers the circumstances of the new offense. A second DUI involving general impairment may result in: 

• A minimum of five days in jail

• A fine of $300 to $2,500

• Attendance at an approved alcohol highway safety school

• Completion of any required drug and alcohol treatment

If the second DUI involves a higher blood alcohol level, an accident, a minor, a commercial vehicle, or a school vehicle, the penalties can include: 

• A minimum of 30 days in jail

• A fine of $750 to $5,000

• Attendance at an approved alcohol highway safety school

• Completion of any required drug and alcohol treatment

When a second DUI involves the highest level of alcohol impairment, certain controlled substances, or a refusal to submit to certain chemical testing, it can result in: 

• A minimum sentence of 90 days in jail

• A fine of at least $1,500

• Attendance at an approved alcohol highway safety school

• Completion of any required drug and alcohol treatment

Depending on your situation, Pennsylvania law may also impose a driver’s license suspension and other court-ordered requirements.

Don’t Wait to Contact Our Lancaster DUI Defense Lawyers

The team at Chieppor & Egner is ready to stand by your side. With years of former experience working in prosecution, attorneys Alex Egner and Jonathan Chieppor understand the tactics used by the other side. Our mission is to provide you with strong legal advocacy throughout the entirety of your case. 

Contact one of our DUI defense attorneys in Lancaster, PA, today by using our online contact form or by calling 717-393-1400. We’re proud to offer free case evaluations to new clients throughout Berks, York, and Lancaster counties.