2nd DUI and 3rd DUI Offenses In Pennsylvania

Whether it’s one drink too many or a night of excess, Driving Under the Influence (DUI) charges can impact your freedom, job opportunities and family relationships. Those facing 2nd, 3rd and 4th DUI offenses are facing significant penalties, including enhanced mandatory minimum sentences and a loss of driving privileges.  For more information on Pennsylvania DUI Penalties, click here.

When does a DUI count as a 2nd Offense or greater?

Pennsylvania law uses a 10 year lookback period to determine if a Repeat DUI offender will face enhanced penalties. If your prior conviction for DUI occurred within 10 years from the date of your current DUI offense, then your current DUI Offense will be treated as a 2nd or greater offense. For example, if you plead guilty to DUI in June of 2011, and you are charged with a new DUI that occurred in January of 2021, your prior DUI falls within the 10 year lookback period, and your new DUI will be considered a 2nd Offense.

You can also be treated as a repeat offender when you never had a prior DUI, but are charged with multiple DUI offenses. Under the former DUI law, if you picked up two DUI cases on back to back days, you would only be facing two "first-offense" DUI penalties. However, a recent change in Pennsylvania DUI law closed this loophole. As a result, if you pick up two highest tier DUI cases on back to back days, you would be facing a 72 hour mandatory minimum sentence for the first incident and a 90 day mandatory minimum jail sentence for the second incident. 

Mandatory Jail Time if you’re a repeat offender facing a 2nd DUI, 3rd DUI or 4th DUI Offense 

For a 2nd DUI Offense, you are facing a 5-day mandatory minimum sentence for a lowest tier, a 30-day mandatory minimum sentence for a high tier, or a 90-day mandatory minimum for a highest tier offense.

For a 3rd DUI offense, you are facing a 10-day mandatory minimum sentence for a lowest tier offense, a 90 day mandatory minimum sentence for a high tier offense, and a 1-2 year mandatory minimum sentence for a highest tier offense. For a 3rd DUI offense, you may qualify for house arrest or a DUI Court program that will enable you to avoid going to prison. 

If this is your 4th or subsequent DUI offense within the last 10 years, then you're facing a 1-2 year mandatory minimum sentence for a high tier or highest tier offense. If this is your 4th DUI offense within the last 10 years, then you cannot receive house arrest or alternative housing under PA's county intermediate punishment law. 

Can I fight my 2nd DUI, 3rd DUI or 4th DUI? 

Do not wait until you receive charges in the mail to begin building your defense. It is crucial to contact a Pittsburgh DUI lawyer right away to discuss your recollection of the incident and identify possible defenses. This can be done well before you ever set foot in a courtroom or receive notice of your charges. 

As noted in our DUI Overview page, there are many defenses and weaknesses that can be attacked both prior to and during your trial. Some of these defenses can be analyzed relatively quickly while others may take time and additional litigation to obtain records. 

The Zuckerman Law Firm CAN help fight your DUI charges or work to keep you out of jail

The Zuckerman Law Firm has been successful in helping clients in Pittsburgh throughout Western Pennsylvania avoid serving mandatory minimum sentences behind bars. Attorney Zuckerman is a member of the National College of DUI Defense, has been rated a superb DUI Attorney by Avvo, and has been awarded by the American Institute of DUI/DWI Attorneys as a Top 10 Pennsylvania DUI Attorney for Client Satisfaction.

Even when the case against you is strong, Attorney Zuckerman will work diligently to minimize consequences in any plea agreement, including:

• Acceptance into the Phoenix Court program for 2nd DUI offenders.

• DUI Court for 3rd Time Offenders

• Veterans Court Programs for former military veterans.

• House Arrest instead of jail.

• Alternative Housing instead of jail.

• Work Release from Jail.

To learn more about your options, contact the experienced Pittsburgh DUI Attorneys of the Zuckerman Law Firm at 412-447-5580 for a free, confidential consultation.