Fighting Second Offense DUI Charges in Reading, PA
A second DUI in Pennsylvania carries significantly harsher penalties than a first offense. If you’ve already been convicted of driving under the influence and are now facing another charge, you need experienced legal representation. The consequences are serious: jail time, long-term license suspension, and thousands in fines are all on the table.
At Nevins & McAllister, we defend clients charged with a second DUI in Reading and throughout Berks County. We understand what’s at stake for you and your family. Our team works efficiently to develop a robust, personalized defense strategy that focuses on minimizing penalties and safeguarding your future.
If you’ve been arrested for a second DUI, don’t wait. Call Nevins & McAllister today at 610-372-5128 for a confidential consultation.
What Makes a Second DUI Different in Pennsylvania?
In Pennsylvania, the look-back period for DUI offenses is 10 years. If your first DUI occurred within the last decade, this second charge will be treated as a repeat offense, subject to more severe penalties under the law.
Even if your first DUI resulted in ARD (Accelerated Rehabilitative Disposition), it may still count as a prior offense. Understanding this distinction is crucial—and it’s one reason why working with an experienced DUI defense attorney is essential.
You’re not just facing a traffic violation. A second DUI can lead to long-term consequences affecting your driving privileges, job, and freedom.
Penalties for a Second DUI in Pennsylvania
The penalties for a second DUI in Pennsylvania depend on your Blood Alcohol Concentration (BAC) at the time of arrest. The higher your BAC, the more serious the consequences.
General Impairment (BAC 0.08% – 0.099%)
- 12-month license suspension
- Five days to six months in jail
- $300 to $2,500 in fines
- Mandatory alcohol highway safety school
- Court-ordered treatment
High BAC (0.10% – 0.159%)
- 12-month license suspension
- 30 days to six months in jail
- $750 to $5,000 in fines
- Alcohol safety school and treatment
Highest BAC (0.16% and above, or refusal of chemical testing)
- 18-month license suspension
- 90 days to five years in prison
- $1,500 to $10,000 in fines
- Mandatory treatment and ignition interlock device
These penalties increase further if the DUI involved an accident, injury, child passengers, or if your prior DUI was recent. The penalties may also be compounded if you’re already facing a charge, such as driving with a suspended license.
How Our Reading DUI Lawyers Can Help
At Nevins & McAllister, we approach every case with the urgency it deserves. We don’t rely on cookie-cutter defenses. Instead, we carefully investigate the details of your arrest, the traffic stop, the chemical testing process, and your prior record. Here’s what we bring to your defense:
- Thorough Case Review: We evaluate police conduct, evidence, and procedural issues.
- Chemical Test Challenges: We identify inaccuracies or problems with breath, blood, or urine tests.
- Negotiation with Prosecutors: We push for reduced charges or alternative sentencing.
- License Suspension Defense: We help fight for limited driving privileges when possible.
- Trial-Ready Strategy: We prepare every case as if it’s going to court—because that’s what serious defense requires.
Many clients facing second DUIs also struggle with other family or legal issues. If your charges stem from a domestic situation, we can also assist with protection from abuse cases.
Common Legal Defenses for Second DUI Charges
Not every DUI case ends in a conviction. We build defenses based on the specific facts and legal issues in your case. Some of the most effective strategies include:
- Lack of Probable Cause: If the officer had no legal reason to pull you over, we may be able to suppress all evidence collected afterward.
- Invalid Sobriety Testing: Field sobriety tests are highly subjective. If they were administered improperly, they may be thrown out.
- Faulty Chemical Tests: Breath and blood test machines must be calibrated and operated properly. Lab errors and chain of custody issues can also render results inadmissible.
- Medical Conditions: Diabetes, GERD, and other conditions can mimic intoxication or alter test results.
- Rising BAC Defense: Alcohol takes time to enter your bloodstream. You may have been under the legal limit while driving, only to test higher later.
We recently represented a client charged with a second DUI and successfully argued that the breathalyzer was improperly maintained. The case was dismissed. Results like that require sharp legal instincts and careful attention to detail.
Understanding the Role of Ignition Interlock Devices
If convicted of a second DUI, Pennsylvania law requires the use of an Ignition Interlock Device (IID). This breathalyzer-like device is installed in your vehicle and prevents it from starting if alcohol is detected.
You must use the IID for 12 months, and failure to comply can extend your suspension or result in additional penalties. We work with clients to help them apply for Ignition Interlock Limited Licenses (IILLs) that allow them to continue driving legally and meet work or family obligations.
In some cases, especially for clients who work in commercial transportation, we also handle related administrative issues that arise from the DUI, such as those affecting child support obligations or custody exchanges.
What to Do After a Second DUI Arrest
Time matters. Here’s what you should do immediately if you’ve been arrested for a second DUI in Reading:
- Contact a lawyer immediately. Your rights and options depend heavily on fast legal intervention.
- Do not speak to the police. Anything you say can be used against you.
- Write down everything you remember about the traffic stop and arrest. Details fade quickly.
- Avoid social media. Don’t post anything about your arrest, even to friends.
- Request a PennDOT hearing. You may have a short window to challenge your license suspension.
Our firm has helped clients navigate these urgent situations before, including those facing felony-level DUI charges like second-time high BAC offenses.
Why Clients in Berks County Trust Nevins & McAllister
You need more than just a lawyer; you need someone who knows the system inside and out. At Nevins & McAllister, we’ve earned a reputation for high-level defense in DUI cases across Reading and Berks County. Clients choose us because we offer:
- Decades of DUI experience and courtroom credibility
- Local knowledge of Berks County courts, prosecutors, and judges
- Responsive communication throughout your case
- Tailored legal strategies based on your unique situation
- A history of real results, including dismissed charges and reduced penalties
Whether you’re dealing with a second marijuana-related DUI or have prior charges involving drug crimes, we’ll fight for your rights every step of the way.
Serving the Reading Community with Comprehensive Legal Support
We understand that life doesn’t stop because you’re facing legal trouble. That’s why we offer holistic legal support. Many clients who come to us for DUI defense also need help with family law matters, including divorce, alimony, or name change issues.
From criminal charges to family disputes, we’re here to protect what matters most.
Talk to a Second Offense DUI Lawyer in Reading, PA Today
Don’t take chances with your future. A second DUI charge is serious, but with the right defense, it’s possible to avoid the worst consequences. Let Nevins & McAllister review your case and help you take the next step forward.
Call 610-372-5128 today to schedule a confidential consultation. We’re ready to fight for you.