Third DUI in PA

Deana’s Law and Felony DUI Charges

Under Pennsylvania Act 59 of 2022, commonly known as Deana’s Law, the courts treat repeat DUI offenders more severely. If you are charged with a third DUI and your blood alcohol content (BAC) was .16% or higher, or if you refused testing, your charge is now a third-degree felony.

This distinction exposes you to up to seven years in state prison. A felony conviction also carries collateral consequences, such as the loss of firearm rights and barriers to employment. Furthermore, sentences for “highest rate” third offenses must now be served consecutively to other sentences, meaning you cannot serve time for multiple offenses simultaneously.

Breakdown of Penalties for a Third Offense DUI in PA

Under PA Act 24, the Pennsylvania law that established a tiered, penalty-based DUI levels system, the minimum penalties based on your BAC level are:

• General impairment (.08% to .099%): Charged with a second-degree misdemeanor, you face 10 days to two years in prison, a 12-month license suspension, and fines up to $5,000.

• High rate (.10% to .159%): Charged with a first-degree misdemeanor, penalties include 90 days to five years in prison, an 18-month license suspension, and fines up to $10,000.

• Highest rate (.16%+) or refusal: Charged with a felony, you face one to seven years in state prison, fines up to $10,000, an 18-month license suspension, and a one-year mandatory ignition interlock per Pennsylvania Department of Transportation regulations.

How to Avoid Jail Time for a Third DUI in PA

While state law mandates minimum sentences, where and how you serve that time is often negotiable in York County. The experienced DUI defense team at MPL Law can help you pursue alternatives to a prison cell:

• Intermediate punishment: We negotiate for house arrest with electronic monitoring, allowing you to maintain employment while satisfying legal obligations.

• Treatment court options: Pennsylvania’s problem-solving courts emphasize recovery over punishment, and successful completion can significantly reduce incarceration time.

• Credit for time served: Inpatient rehab stays can sometimes result in credit toward your mandatory sentence.

Strategic Defenses Against Third-Offense Charges

The prosecution must prove every element of the charge beyond a reasonable doubt. We scrutinize the evidence to identify weaknesses:

• Challenging the stop: If the officer lacked probable cause for the traffic stop, evidence may be suppressed.

• Chemical testing errors: We challenge breathalyzer calibration and blood chain-of-custody procedures.

• Lookback period: Only convictions within the last 10 years count, so if a prior offense is older, you may legally face a second offense, reducing penalties.

Why Trust MPL Law?

At MPL Law, we focus on providing comprehensive criminal defense that looks beyond the courtroom. Our attorneys have deep experience handling third DUI cases in York County, understanding which judges are open to alternative sentencing and how local prosecutors negotiate.

We listen first. By understanding your unique circumstances, family obligations, and employment situation, we craft defense strategies tailored to your specific needs rather than a one-size-fits-all approach. Our attorneys provide honest assessments, setting realistic expectations while pursuing every available avenue to achieve the most favorable outcome possible. When you work with MPL Law, you are working with a team that treats you as a person facing serious challenges, not simply as another case file.

Take Action to Protect Your Future

Time is critical. Schedule a consultation with MPL Law today to review your case with a PA third DUI defense attorney and start building a defense designed to protect your future.