Pennsylvania laws are typically enforced in light of the fact that people make mistakes, and shouldn't be punished harshly the first time around. But when it comes to more serious crimes like driving under the influence, you shouldn't ever expect a slap on the wrist. Pennsylvania, along with other states, imposes severe DUI laws in hopes of deterring other people from committing this crime in the future. This means that even for a first offense, the consequences can be deemed somewhat extreme.
If this isn't your first DUI, it's important you understand that Montgomery County judges don't take too kindly to repeat offenders. So, getting a second DUI charge on your record can expose you to even stiffer penalties, such as mandatory jail time, license suspension, and thousands of dollars in fines. In this article, we'll give you the rundown of the laws and penalties for a second offense DUI in Montgomery County.
Montgomery County DUI Laws and Penalties
DUIs are categorized and charged based on the driver's blood alcohol content (BAC) and your criminal history. In order to be convicted, it must be proven that your BAC is over the legal limit, which is .08% in Pennsylvania.
The Commonwealth of Pennsylvania defines three tiers of impairment based on your BAC.
General impairment: BAC between .08 and .099%
- 5 days mandatory jail time and up to six months in jail
- A fine between $300 and $2,500
- 12-month license suspension
- The installation of an ignition interlock device
- Mandatory attendance at alcohol highway safety school
High impairment: BAC between .10 and 0.159%
- 30 days mandatory jail time, and up to 6 months in jail
- A fine between $750 and $5,000
- 12-month license suspension
- The installation of an ignition interlock device
- Mandatory attendance at alcohol highway safety school
Highest impairment: BAC of 0.16%
- 90 days mandatory jail time, and up to 5 years in prison
- $1,500 to $10,000
- 18-month license suspension
- Mandatory attendance at alcohol highway safety school
It's important to note that refusing a blood or breath test after an arrest will lead to an automatic charge under the “highest impairment” category, regardless of your BAC. A conviction for high impairment is a misdemeanor in the first degree.
Additional Consequences of a DUI
Aside from the legal consequences of a DUI, there are other lasting repercussions that are worth mentioning.
A DUI conviction is documented on your public, permanent criminal record. This means that anyone with access to the internet can google your name and see you on the AOCP website. Future employees will also be able to see your record when conducting routine background checks.
Your auto insurance rates will undoubtedly increase with a second DUI conviction on your record. If your driving history is riddled with incidents, you may be denied coverage altogether.
If your DUI case results in the injury or death of another person, the victim or their family may file civil liability for damages.
Facing DUI Charges? Call the Lento Law Firm Today
In DUI cases, making sure your rights are protected and fought for is critical. This is why you need an aggressive criminal defense attorney in your corner. Attorney Joseph D. Lento has extensive experience helping clients overcome DUI charges, and he can do the same for you. Contact him today online or by phone at 888-535-3686.
