When people drink, they often lose good judgment, especially during the holiday season. Over time, that may result in more than one DUIs. It’s worth noting that in the justice system, you are presumed innocent of DUI charges until you are found guilty. Nonetheless, you will probably face a judge (or jury) soon. You want to avoid going through the process alone because many facets can affect how your charges play out. If no one was hurt, you might only have a civil case, and when injuries get involved, criminal charges may occur. At Voloshen Law, our lawyers are well-experienced in both possibilities. Let’s take a look at the penalties for a second DUI in Pennsylvania.
General Impairment (Above .08%)
- Ungraded misdemeanor
- 5 days in jail (6 months max)
- $300-$2,500 fines
- License suspension: 1 year
- Mandated Alcohol Highway Safety School
- Mandated one-year ignition interlock (you must pay for the equipment)
- DA assessment
- D&A treatment, if ordered
Highly Impaired (.10 to .195%)
- 1st-degree misdemeanor
- 90 days to 5 years in jail
- Fines of $1,500 – $10,000
- License suspension – eighteen months
- Mandatory ignition interlock
- Mandatory DA assessment
- D&A treatment, if required
Highest Impairment (.16% and above)
- 1st-degree misdemeanor
- 1-5 years in jail
- License suspension – eighteen months
- Mandatory Alcohol Safety School
- Full DA assessment
- D&A treatment as a condition of sentencing
As you can see, getting a second DUI is a big deal, no matter the level of impairment.
What Happens Next?
After being arrested, you will be released. Watch for a summons in the mail. Failure to attend the court date can result in a bench warrant (and arrest). You want a highly competent lawyer, like those at Voloshen Law, representing you at this meeting.
Preliminary hearings occur in the district court (where you were arrested). The prosecution will show your DUI report and that you were driving. Without this, they cannot proceed with any civil suit. At this point, your lawyer can endeavor to get some of your charges lessened or dismissed.
If the proceedings go forward, you’ll have an arraignment. This is the time at which you must record your plea (guilty or not guilty). A judge will be assigned to your case. At this juncture, our attorneys would review your police records, blood tests, and breath tests. This material helps us figure out if you’re a cand.
Most importantly, at this time, you and your attorney can view the police records from the night of your arrest and any results from blood or breath tests. While this information is crucial to building your defense, it is also helpful in another way. The information contained in the police reports can help us work out a plea deal, and that deal will be on the table at the Pre-Trial conference.
Can you Appeal?
DUI convictions are very difficult to appeal, and you have to prove that an issue of law impacted your case. An example would be admitting evidence previously tagged for suppression.
The Voloshen Law Difference
Our job is to ensure you get the best results possible based on the available information. We pride ourselves in fighting hard for our clients, and we will always keep you involved and informed throughout your case.
If you need help, use our online CONTACT FORM, or call our Huntingdon Valley, PA, office at 215-437-7854.