Attorney David S. Zuckerman has been named by the American Institute of DUI Attorneys (AIDUIA) to the "10 Best" Attorney List for Client Satisfaction in Pennsylvania for DUI Defense from 2015-2025.
2nd DUI and Repeat Offenses In Pennsylvania
A second DUI arrest in Pennsylvania carries much more serious consequences than a first offense. From mandatory jail time to extended license suspensions and elevated fines, a second DUI conviction can affect your freedom, your finances, and your future. For more information on Pennsylvania DUI Penalties, click here.
At the Zuckerman Law Firm, we understand how overwhelming a second DUI charge can be. With years of experience successfully defending repeat DUI offenders across Western Pennsylvania, we know how to fight for favorable outcomes.
When is a DUI Considered a 2nd Offense?
Pennsylvania uses a 10-year lookback period to determine if someone will be charged with a 2nd Offense DUI. If your prior conviction for DUI occurred within 10 years from the date of your current DUI offense, then your current DUI Offense will be treated as a 2nd or greater offense. Put simply - if the date you were sentenced on your 1st DUI falls within 10 years of the date of your new DUI charge, then you will be charged with a 2nd Offense DUI.
What if I am facing multiple pending DUI cases at the same time?
You can also be treated as a repeat offender when you never had a prior DUI, but are charged with multiple pending DUI cases. Once you are sentenced on one DUI case, it is now considered a “prior offense,” even if you are being sentenced on your other DUI case during the same court appearance.
Does the Acceptance of ARD count as a First Offense?
As a result of the Pennsylvania Supreme Court’s 2025 Decision in Commonwealth v. Shifflett, the acceptance of ARD for a 1st DUI Offense does not count as a prior conviction. As a result, if you received ARD for your 1st DUI case and are convicted of a 2nd DUI, you will receive 1st DUI penalties.
Mandatory Jail Time if you’re a repeat offender facing a 2nd DUI, 3rd DUI or 4th DUI Offense
| Offense | Lowest Tier | High Tier | Highest Tier / Drug DUI |
|---|---|---|---|
| 2nd DUI Offense | 5-day minimum | 30-day minimum | 90-day minimum |
| 3rd DUI Offense | 10-day minimum | 1-year minimum | 1-year minimum |
| 4th or Subsequent DUI Offense (within 10 years) | — | 1-year minimum | 1-year minimum |
Can I fight my DUI case?
Do not wait until you receive charges in the mail to begin building your defense. It is crucial to contact a Pittsburgh DUI lawyer right away to discuss your recollection of the incident and identify possible defenses. This can be done well before you ever set foot in a courtroom or receive notice of your charges.
As noted in our DUI Overview page, there are many defenses and weaknesses that can be attacked both prior to and during your trial. Some of these defenses can be analyzed relatively quickly while others may take time and additional litigation to obtain records.
Don’t face a 2nd DUI alone
The Zuckerman Law Firm has been successful in helping clients in Pittsburgh throughout Western Pennsylvania avoid serving mandatory minimum sentences behind bars. Attorney Zuckerman is a member of the National College of DUI Defense, has been rated a superb DUI Attorney by Avvo, and has been awarded by the American Institute of DUI/DWI Attorneys as a Top 10 Pennsylvania DUI Attorney for Client Satisfaction.
Even when the case against you is strong, we will work diligently to minimize consequences in any plea agreement, including:
Acceptance into the Phoenix Court program for 2nd DUI offenders.
DUI Court for 3rd Time Offenders
Veterans Court Programs for former military veterans.
House Arrest instead of jail.
Alternative Housing instead of jail.
Work Release from Jail.
To learn more about your options, contact the experienced Pittsburgh DUI Attorneys of the Zuckerman Law Firm at 412-447-5580 for a free, confidential consultation.