DUI Second Offense: Everything You Need To Know (2024)

In many states, you will be considered to have committed a DUI second offense only if it happens within a certain number of years after the first offense. If decades have passed, your initial DUI offense may no longer count against you for purposes of the charges you face or the sentence you receive.

That’s why it’s important to understand what your state’s rules are for the DUI look-back period. .

Look-Back Periods

DUI look-back periods are the length of time that your past drunk driving conviction counts against you for purposes of determining if a new offense counts as a second offense.

Look-back periods could be as little as five years in some states. In others, there is no limit on the length of time that an offense will count. Ten years is a very common look-back period, though, and applies in a variety of U.S. States, including California, Pennsylvania, and Virginia.

Many states also impose different look-back periods for a second offense versus a third or subsequent offense. For example, in Delaware, the look-back period is 10 years for a second offense but there’s a lifetime look-back period used to determine if you have committed three or more DUI crimes.

It’s important to understand what your state’s rules are if you are potentially facing charges for a DUI second offense as the timing can matter a great deal in determining if you’re subject to harsher penalties for repeat offenders.

When you are accused of driving under the influence, certain aggravating factors can make your situation worse.

A prior DUI conviction is one of these aggravating factors in some states. Others include drunk driving in an accident that causes injuries, a BAC above a certain higher threshold such as 0.16 instead of 0.08, or driving drunk with a young person in the vehicle.

If you are accused of an aggravated second DUI, you can expect to face harsher penalties. In many states, an aggravated second DUI is considered a felony offense versus a misdemeanor offense.

While first offense DUI charges are almost always misdemeanor, a second DUI offense is much more likely to lead to felony charges.

Felonies are more serious crimes with harsher penalties. You could face a longer jail sentence and larger fines. When you undergo a background check in the future, a felony offense could cause more problems than a misdemeanor in terms of things like getting a job or renting an apartment.

Felonies also can lead to the loss of voting rights and the loss of your second amendment rights.

Penalties for a second DUI vary by state and depend whether you were charged with a misdemeanor or a felony.

But they are always going to be more serious than for a first drunk driving conviction. Some of the potential penalties that you could be looking at for a second offense include:

• Larger fines than for a first offense
• A longer jail sentence than for a first offense
• A longer suspension of your license
• Mandatory attendance at an alcohol treatment program
• A requirement you participate in an ignition interlock program and have a device installed on your vehicle that detects whether you are intoxicated before the car can be started

Remember, whether you are subject to these harsher penalties or not is going to depend on whether the second arrest for drunk driving occurred within your state’s look-back period.

Mandatory Minimum Sentences

One big difference between a second DUI offense and a first offense is that you are more likely to face mandatory minimum penalties and those penalties are likely to be harsher.

When you are subject to mandatory minimum penalties, the judge assigned to your case loses some discretion. If you are convicted, you will at least be sentenced to the minimum penalties imposed under the law.

For example, in Pennsylvania, if you have one prior drunk driving offense and you are accused of general impairment (which means your BAC was undetermined or was between 0.08 and 0.099%), penalties include:

• A 12-month suspension of your license
• Between five days and six months of jail time
• A fine of $300 to $2,500
• Require attendance at alcohol highway safety school
• A one year ignition interlock device

These are much harsher penalties than with a first offense, which includes up to six months of probation, a $300 fine, and mandatory attendance at highway safety school.

With these mandatory minimums in place, you will be forced to go to jail for at least five days along with these other consequences if you are found guilty of a DUI second offense.

The second DUI penalties that you are looking at can vary substantially by state, but it is common to see a minimum of around five days in jail, along with a one-year license suspension and a one-year ignition interlock requirement. Some states imposed mandatory minimums that are even more strict, though, while others are more lenient.

Ultimately, the best way to determine the specific second DUI penalties where you live is to check the website of your local department of motor vehicles or to speak with an attorney.

A drunk driving lawyer can help you to understand the look-back period that applies so you can determine if you will be charged with a DUI second offense. Your attorney can also help you to understand potential consequences and can work with you to develop a strategy to fight the charges so you can minimize the long-term damage to your future.

Since a second DUI offense is so serious, you should get legal help ASAP upon being accused of driving impaired for the second time.