Pennsylvania has recently passed a new law re: DUIs. This new law seeks to clarify a previous issue that during the sentencing of those individuals who have been convicted of a second offense for DUI within 10 years for refusing chemical testing.  Prior to the passage of this new law and after a Pennsylvania Superior Court Opinion addressing the same issue, a person who had been convicted of a second offense within 10 years and who refused chemical testing only faced a maximum sentence of 6 months incarceration, because the previous wording of the grading statute was flawed.

Now, after this bill becomes a law, the grading for a second offense DUI within 10 years for the highest tier is a misdemeanor of the first degree (M1) and that person faces a maximum sentence of five (5) years of incarceration.