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What can happen if you get a 2nd offense DUI while on probation?

Morrisville, PA |

A friend of mine just was arrested for a second DUI, her first one was while she was underage and she qualified for ARD so that is no longer on her record i believe. This time she is 21 and blew a .12. In addition to the DUI she has been on probation for getting caught with a fake ID earlier in the year when she was still underage. She also has a background of 1 underage and 1 disorderly conduct. What are her possible consequences? Is she facing jail time?

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Attorney answers 4


There is always the possibility that your friend is facing jail time every time she gets arrested. Unfortunately, violating your probation with a new offense is one of the surest ways to make that happen. Your friend should really hire a lawyer quickly. The more times a person gets arrested and starts building a record, the less likely the prosecutor is willing to negotiate for probation, increasing the likelihood that she will do time in jail.


Your friend needs an expert criminal & DUI defense attorney who know the courts and the prosecutors. She is racking up a lot of problems. A good attorney would recognize she has an addiction issue and needs residential treatment. That may be an alternative to any possible jail. However, that is a generic answer. Only an attorney who has practiced in the court(s) in which she will appear would have any idea. This forum in not the correct place to find the level of information you need. Have your friend call the local bar association or go to the court and watch the lawyers do their job. Pick the ones that are the best and ask them for a card.

In my jurisdiction, amazingly I have handled clients with that level problem and more. However, I tell my client’s that someday, and I don’t know when, the magic will be gone. Also, don’t dig a hole faster than I can fill it back in. Your friend has her shovel and she is digging fast. It really sounds like an alcohol addiction or management problem she facing as the underlying cause of criminal conduct. She needs and expert criminal defense attorney and a program, NOW.


The simple answer is yes. She is doing far too much in the way of drinking and attempting to drink by getting a fake ID. She should enroll in counseling as soon as possible. She is more likely to go to jail for the violation however two duis within a few years is pretty bad.


First and foremost, you should retain counsel in your area. Only a Pennsylvania attorney can provide your friend the proper legal advice she needs at this time.

In Pennsylvania, the DUI law was changed in 2005. As a result, the penalty for DUI is based upon two very important factors. (1) Blood Alcohol Content and (2) Prior DUI Offenses.

Based upon BAC, the DUI penalties are divided into three tiers. The first tier relates to a BAC berween .08 and .099. The second tier relates to a BAC between .10 and .159. The third tier relates to a BAC about .16. Other factors not relevant to your question are also incorporated into the tier system. However, to keep it simple, we will just state that your friend's BAC of .12 is in the second tier.

The second important factor is the defendant's prior DUI conviction record. The more DUI offenses one has, the more harsh the punishment. Here, your friend has one prior DUI. presuming that occurred within 10 years, this will be her second offense (ARD enhances the penalties for DUI even though it is not technically a conviction). The mandatory minimum period of incarceration for a 2nd offense, tier 2 DUI is thirty days.

However, some counties have special programs which help defendants avoid incarceration. These programs, often called Intermediate Punishment programs are available to defendants depending upon special requirements.

In addition, a DUI case is not always a slam dunk for the prosecutor. Some cases are defensible. Therefore, it is important not to simply look at penalties, but instead, look at the case as a whole. A good DUI defense attorney is necessary.

That is why it is important to seek local counsel. For more information about the DUI Statutes and DUI Laws, please click the links below.