Third DUI Lawyers Philadelphia
If you were arrested for a third DUI in Philadelphia or one of the surrounding areas in Pennsylvania, then contact an experienced attorney at Alva & Moscow, LLC. Our criminal defense attorneys are experienced in fighting drunk driving charges. We can help you call into question the validity of the DUI tests whether it is standard field sobriety testing, a breath test, blood test or urine test.
Call us today at (215) 665-1695 to set up a consultation to discuss your Driving Under the Influence charges. We represent both men and women charged with a third DUI conviction throughout the greater metropolitan Philadelphia area, including in Chester County, Montgomery County, Delaware County, and Bucks County.
If you are charged with a Third DUI in Philadelphia, Pennsylvania, or a surrounding area then you should be aware of the potential penalties. These punishments might apply for a third DUI conviction within 10 years. The penalties for a third DUI are more serious than for a first or second offense. Under Pennsylvania law, there are three different levels of DUI including:
An attorney can help you determine whether this offense will be treated as a first DUI, second DUI, third DUI, or fourth DUI within 10 years. A violation of 3802 (a) (1) that involves a refusal under the Implied Consent law is subject to the highest penalty. Also, violations of 3802 (a) (2) and 3802 (a) (1) that involve an accident with injury or damage are subject to the 2nd highest penalty level.
An attorney can also talk with you about the defenses that might apply in your case. Call an attorney at Alva & Moscow, LLC to discuss your case today.
For the general impairment version of DUI for a third offense within 10 years, the potential penalties include:
For the High BAC version of DUI with a BAC of .10 to .159%, the potential penalties for the third DUI within 10 years include:
For the Highest BAC version of DUI with a BAC of .16% and higher, the potential penalties for a third DUI within 10 years include:
Fighting a Third DUI in Philadelphia PA
Pennsylvania Third DUI Information Center
Pennsylvania Third DUI Third DUI Penalties in Philadelphia
If you are charged with a Third DUI in Philadelphia, Pennsylvania, or a surrounding area then you should be aware of the potential penalties. These punishments might apply for a third DUI conviction within 10 years. The penalties for a third DUI are more serious than for a first or second offense. Under Pennsylvania law, there are three different levels of DUI including:
- General Impairment DUI with a BAC of .08 to .099%;
- DUI with a High BAC of .10 to .159%; or
- DUI with the Highest BAC of .16% and higher.
An attorney can help you determine whether this offense will be treated as a first DUI, second DUI, third DUI, or fourth DUI within 10 years. A violation of 3802 (a) (1) that involves a refusal under the Implied Consent law is subject to the highest penalty. Also, violations of 3802 (a) (2) and 3802 (a) (1) that involve an accident with injury or damage are subject to the 2nd highest penalty level.
An attorney can also talk with you about the defenses that might apply in your case. Call an attorney at Alva & Moscow, LLC to discuss your case today.
Different Types of Third DUI Offenses
For the general impairment version of DUI for a third offense within 10 years, the potential penalties include:
- Being charged with a 2nd degree misdemeanor;
- A one year driver's license suspension;
- Incarceration for a minimum of 10 days up to a maximum of 24 months;
- A fine of $500 to $5,000;
- Being required to undergo an alcohol and drug evaluation and successfully complete all recommended follow up treatment; and
- Installing the dreaded ignition interlock device for 12 months.
For the High BAC version of DUI with a BAC of .10 to .159%, the potential penalties for the third DUI within 10 years include:
- Being charged with a 1st degree misdemeanor;
- An 18 month suspension of the driver's license;
- Incarceration for a minimum of 90 days or a maximum of five years;
- A fine of $1,500 to $10,000;
- Being required to undergo an alcohol and drug evaluation and successfully complete all recommended follow up treatment; and
- Installing the dreaded ignition interlock device for 12 months.
For the Highest BAC version of DUI with a BAC of .16% and higher, the potential penalties for a third DUI within 10 years include:
- Being charged with a 1st degree misdemeanor;
- An 18 month suspension of the driver's license;
- Incarceration for a minimum of 12 months or a maximum of five years;
- A fine of $2,500 to $10,000;
- Being required to undergo an alcohol and drug evaluation and successfully complete all recommended follow up treatment; and
- Installing the dreaded ignition interlock device for 12 months.
A seasoned Philadelphia DUI lawyer can help you fight the criminal charges, even if you have prior DUI convictions. Call the aggressive criminal defense attorneys at Alva & Associates for assistance in fighting the charges. Contact us today at (215) 665-1695 to set up a free consultation to discuss your third DUI charge within 10 years.
Third DUI FAQs
Is a third DUI a felony in Pennsylvania?
It can be. Since Act 153 of 2018, a third DUI at the highest BAC tier or with a refusal is a third-degree felony carrying up to seven years. A third general impairment or high BAC offense remains a misdemeanor, but with substantially longer mandatory minimums than a first or second offense.
What is the mandatory minimum for a third DUI?
Ten days in jail for general impairment, 90 days for high BAC, and one year of state incarceration for highest BAC or refusal. These are true minimums the judge cannot go below after conviction, which is why third-offense cases are typically litigated hard rather than pled early.
How long is the license suspension for a third DUI?
Twelve months for general impairment and 18 months for the higher tiers, with an additional 18-month suspension if you refused testing. A third DUI also brings ignition interlock requirements, and highest-tier offenders face the longest path back to unrestricted driving of any DUI category short of habitual offender status.
Can a third DUI charge be defended?
Yes, and the stakes make it essential. The same suppression issues apply as in any DUI - the legality of the stop, the arrest, and the blood or breath testing - and the ten-year lookback itself can be challenged if a prior conviction or ARD falls outside the window or was counted incorrectly.
Will a third DUI mean state prison instead of county jail?
A one-year mandatory minimum at the highest tier is normally served as a state sentence, while the shorter minimums are usually served in county facilities. Some counties permit treatment-based alternatives through DUI court even at the third offense level, which can convert a state sentence into an intensive supervision program.
Finding The Best
Attorney in Philadelphia For Your Case
If you are facing any kind of injustice, be it a wrongful criminal accusation or being injured by the negligence of another, a fearless Philadelphia attorney from Alva & Moscow, LLC can fight zealously for your rights. We can serve as your criminal defense lawyer or your personal injury attorney. We apply our principles of aggressive representation to seek the best results for you.
We represent clients throughout the Philadelphia area, including Bucks, Chester, Montgomery and Delaware Counties, as well as Pennsylvania and New Jersey.