What You Need To Know About A Second Offense DUI

What You Need To Know About A Second Offense DUI

A second DUI offense in Pennsylvania is a very serious offense that carries hefty penalties. It has higher mandatory jail time, longer driver suspension, and higher fines than a first-time DUI conviction.

To help you understand a bit more about these charges, here is what you need to know about a second offense DUI.

Second Offense DUI Overview

While drunk driving is a criminal charge in all states, each state has its own DUI laws and penalties. Some states have higher penalties and mandatory minimum terms of imprisonment. Defenses available also can vary depending on the state of the DUI charges.

Repeat Offenders

The cost of a second DUI offense is typically higher than a first DUI offense due to steeper fines, higher attorney’s costs (typically), license suspension for longer periods of time and sometimes mandatory minimum periods of time, car insurance premium increases, possible lost wages from missed work if imprisoned, costs for court-ordered drug treatment programs, etc.

The laws are more complex for a second offense DUI. Also, a second DUI offense may result in a felony conviction depending on the facts of the case and the state where it occurred.

Given the increased risk of what is at stake for a second DUI offense, hiring a DUI attorney is suggested when facing a second offense DUI. A DUI attorney can help build a case by utilizing any available defenses, potentially negotiate a lesser charge in exchange for a guilty plea, assist with trial proceedings, and argue for a less severe sentence if the case goes to trial and you are convicted of the charges.

 

Costs of a DUI Offense

Fines and the cost of legal representation are higher for second offense DUIs. Penalties imposed if found guilty are also higher. However, these are not the only costs that can come from a DUI charge.

Other Costs of a DUI Offense

The cost of a DUI conviction includes the sentence imposed by the court, which can include steep fines. Additionally, other fines may result from related civil cases for car accidents or injury to another person, fees resulting from a suspension of driving privileges, and increased car insurance premiums.

DUI convictions are public and this may make future employment difficult. Additionally, driver license restrictions and jail time may lead to lost wages from missed work. You may also be responsible for the costs of mandated drug treatment programs and driving classes.

The average total cost of a first-time DUI offense is estimated at around $6,500 according to a study by Martindale-Nolo. Source: https://www.lawyers.com/legal-info/criminal/dui-dwi/first-offense-dui.html. The total cost can increase substantially for second offense DUIs.

Second Offenses and Prior Convictions

If this charge or your first offense was due to you driving under the influence of a controlled substance instead of drunk driving, both are DUI charges and both will count for purposes of being charged for a second offense DUI instead of a first-time DUI offense. Additionally, a prior DUI charge that was expunged through successful completion of the ARD program will also be counted as a prior DUI conviction.

Moreover, this second DUI charge may violate the terms you agreed to with your first offense. For example, if you agreed to a plea bargain for a lesser sentence with the first offense, but violated the terms of your parole through the events that led to the second DUI charge, you may now have your first offense revisited or higher penalties imposed.

You may also face increased jail time if some of your jail time imposed by the court for the first offense was suspended jail time. A second conviction may lead to you having to serve any jail time that was suspended for the first conviction in addition to jail time imposed for the second offense.

Pennsylvania Laws and Penalties for a Second DUI Offense

Pennsylvania has a ten-year look-back period for DUIs. If you are being charged with a DUI and have a prior DUI conviction that occurred within the past ten years, then this is a second offense DUI. Second offense DUIs have mandatory jail time and license suspension.

The penalties you face for a second DUI conviction will depend on the individual facts of your case. As a starting point, know that Pennsylvania imposes penalties for DUI convictions based on three ranges for a person’s BAC. The tiers include the following BAC ranges:

  • First tier: 0.08%-0.099%
  • Second tier: 0.10%-0.159%
  • Third tier: 0.16% and higher, and includes persons that refuse to submit to a BAC test.

The penalties are more severe for higher tiers. Additionally, the following factors can result in more severe penalties:

  • Injuries to another person
  • Property damage from a car accident
  • Driving drunk and under 21 years of age
  • Prior DUI convictions

Pennsylvania’s penalties for a second offense DUI range from 5 days to 5 years in prison time, $500-$10,000 in fines, and a 12-18 month suspension of driver’s license.

The BAC you had at the time of arrest will determine the minimum penalty range. For example, if there was no injury to another person or property damage, the driver was at least 21 years old, and the driver had a BAC of 0.08%-0.099%, then the penalties for a conviction of a second offense DUI in Pennsylvania are; five days to six months of imprisonment, license suspension for 12 months, and fines between $300-$1,500. The penalties go up when there are aggravating factors and for BACs in higher tiers of intoxication.

What You Can Do if Charged with a Second DUI Offense

Here are a few steps to consider if you have been charged with a second DUI offense in the state of Pennsylvania:

  • Contact an experienced DUI attorney to discuss the facts of your case and learn more about potential defenses and whether they can assist you through representation.
  • Try to recall all facts as soon as possible around the time of arrest to provide a DUI attorney that you contact with pertinent information that they may use to establish defenses for your charges.
  • Research the options you have for representation. You can represent yourself or obtain legal representation from a public defender or by hiring a private attorney.
  • Gather all documentation for both your first DUI offense and your second offense DUI.

Given the severity of a second offense DUI in Pennsylvania, you should at least contact a DUI attorney for an initial consultation. The cost of representation by an experienced DUI attorney is likely much lower than the potential costs you may face if convicted of a second DUI offense without good representation by a seasoned professional to help get you the best outcome.

Need Help with a Second DUI Offense? Contact an Attorney Now

If you have been charged with a second DUI offense contact Mike DiCindio, Esq. today to learn how we can help. Fill out our contact form with your name, email, phone number, and any other information you would like us to know. Someone will call you back to chat about your case.

What are the Penalties for DUI in Pennsylvania?

Drunk and drugged driving continues to be a problem in Pennsylvania and across the U.S. In 2017, the Pennsylvania DUI Association reports that there were 10,346 crashes involving alcohol in the state. While alcohol was involved in 8% of accidents in the state, 26% of the fatal crashes involved the use of alcohol. Because of the potential harm that can be caused to others, Pennsylvania has enacted a number of DUI laws that you should know. If you have been charged with a DUI in West Chester or the surrounding area, getting experienced legal help from DiCindio Law may help you to protect your freedom and your rights. Here is some information about the DUI laws in Pennsylvania.

2003 Act 24

In 2003, the Pennsylvania legislature passed Act 24, which was subsequently signed into law by the governor. This law reduced the legal blood alcohol concentration in the state from 0.10% to 0.08% and created DUI offense levels. It also changed the penalties, fines, suspension terms, and other requirements. Under this law, your prior offenses and your BAC are combined to determine the penalties that you might face. First-time offenders are approached with more treatment instead of simply license suspension and punishment.

The three DUI tiers are now as follows:

  • General level of impairment with BACs from 0.08% to 0.099%
  • High BAC with BACs from 0.10% to 0.159%
  • Highest BAC with BACs of 0.16% or higher

Commercial truck and school bus drivers, minors, and people who cause accidents with injuries or property damage may face the high BAC penalties even when their blood alcohol concentration level is below the range. People who refuse to submit to the breath or blood testing may face the penalties for the highest BAC tier.

The penalties for general impairment DUI offenses differ and depend on any prior DUI convictions. If you have no prior offenses and are convicted of a general impairment DUI, you will face the following penalties:

  • Fine of $300
  • Probation for up to 180 days
  • Mandatory attendance in an alcohol safety course
  • Treatment may be ordered

If you have one previous DUI conviction at the general impairment level, you will face the following penalties:

  • 12-month suspension of your license
  • Fine ranging from $300 to $2,500
  • Jail from five days up to six months
  • Installation of an ignition interlock system for one year
  • Alcohol safety course attendance
  • Treatment may be ordered

If you are convicted of a general impairment DUI and have two or more previous convictions, it will be classified as a second-degree misdemeanor. You will face the following penalties:

  • Incarceration ranging from 10 days up to two years
  • 12-month suspension of your license
  • Fine ranging from $500 up to $5,000
  • Treatment may be ordered
  • 12-month installation of an ignition interlock system

For people who have higher blood alcohol concentration levels, you will face greater penalties. If you are convicted of a high BAC DUI and do not have any previous DUI offenses, you will face the following penalties:

  • Incarceration ranging from 48 hours up to six months
  • Suspension of your license for 12 months
  • Fine ranging from $500 up to $5,000
  • Alcohol safety course
  • Treatment may be ordered

If you are convicted of a high BAC DUI with one previous offense, you will face the following penalties:

  • 30 days up to six months of jail
  • 12-month suspension of your license
  • Fine ranging from $750 up to $5,000
  • Alcohol safety school
  • Treatment may be ordered
  • One-year installation of an ignition interlock system

If you are convicted of a high BAC DUI with two or more previous convictions, you will face the following penalties:

  • First-degree misdemeanor
  • Suspension of your license for 18 months
  • Incarceration ranging from 90 days up to five years
  • Fine ranging from $1,500 up to $10,000
  • Treatment may be ordered
  • One year ignition interlock installation

The highest BAC level carries strict penalties, but treatment is allowed. This category is also used for people who are convicted of driving while under the influence of drugs and for those who refuse the breath or chemical tests.

For the highest BAC level with no prior offenses, you will face the following penalties:

  • Jail time from 72 hours to six months
  • 12-month suspension of your license
  • Fine of $1,000 to $5,000
  • Treatment may be ordered
  • Alcohol highway safety school

If you have one prior offense and are convicted of a highest BAC DUI, you will face the following penalties:

  • First-degree misdemeanor
  • 18 month suspension of your license
  • Incarceration of 90 days up to five years
  • Fine of $1,500 to $10,000
  • Treatment may be ordered
  • Alcohol highway safety school
  • One-year ignition interlock installation

A highest BAC conviction when you have two or more prior convictions will subject you to the following penalties:

  • First-degree misdemeanor
  • 18-month suspension of your license
  • One to five years of incarceration
  • Fine of $2,500 to $10,000
  • treatment may be ordered
  • One-year ignition interlock installation

Accelerated Rehabilitative Disposition or ARD

Under the law, courts must impose license suspensions based on the person’s BAC level as follows:

  • No suspension if under 0.10%
  • 30-day suspension from 0.10% to under 0.16%
  • 60-day suspension for 0.16% and higher

License suspensions

If it is your first offense and your BAC was less than 0.10%, you will not receive a license suspension. If it is your second or subsequent general impairment offense, your license will be suspended for 12 months. If your BAC is less than 0.16% but equal to or greater than 0.10%, your license will be suspended for 12 months for the first or second offense and for 18 months for the third offense. The highest BAC level will give you a 12 month suspension for the first offense an an 18-month suspension for any subsequent convictions.

Exemptions

There are some exemptions available to drivers. You can apply for a financial hardship exemption to be exempted from having to install an ignition interlock device on all of your vehicles. If you are granted it, you will have to install the system on only one vehicle. Some drivers may be granted an employment exemption to operate company vehicles in the scope and course of their jobs. The employer must be notified, and the driver must carry proof of the notification. This exemption will not be granted to school bus drivers or drivers of large passenger vehicles.

If you are a first DUI offender, you may be granted an occupational limited license after you have served 60 days of your suspension. People whose licenses were suspended for 18 months and who have no more than a single prior offense may be able to get an occupational limited license after they have served 12 months of their suspensions.

If your license is suspended because you drove a vehicle that did not have a mandatory ignition interlock device installed or because you drove while your license was suspended for a DUI, you will not receive credit for the suspension until you have served time in jail. If you refuse to take a breath or blood test, your suspension may be increased.

Contact DiCindio Law

The penalties for DUI convictions in Pennsylvania are fairly severe. If you are facing a DUI charge, it is a good idea for you to seek help from an experienced DUI lawyer in West Chester. Contact DiCindio Law today to schedule a consultation by calling us at 610-430-3535.

How to beat a DUI

How to Beat a Driving Under the Influence (DUI)  Case

     DUI/driving under the influence offenses are some of the most frequently charged criminal offenses in the Pennsylvania. When someone is charged with a driving under the influence (DUI) offense they may immediately feel a sense of hopelessness because their liberty, driving privileges and reputation may be impacted.  This article is not meant to highlight some of the main ways someone can challenge a DUI case.

     There are programs that may permit you to avoid conviction if you are a first offender. For second or third (plus) offenders there may be treatment court options or intermediate punishment programs. This article is solely meant as an overview of the  litigation points of attack that need to be evaluated in every DUI case. Also, this is not to say that there will ALWAYS be legitimate issues in the following categories – these are the issues that a defense attorney (any worth his/her fee) MUST evaluate before making a recommendation to his client in any DUI case.

     First – the legality of the of the stop: Before any law-enforcement officer may stop a motor vehicle in Pennsylvania they must possess either reasonable suspicion or probable cause. Therefore, the first battle ground in any DUI case is whether or not the arresting officer possessed the needed legal justification to pull over and/or come into contact with the driver of the vehicle.  In these situations if the stop is found to be illegal/unconstitutional then all of the evidence that flows from it will be suppressed. If the stop is suppressed than the case must be dismissed.

West Chester Criminal Defense Lawyer

West Chester Criminal Defense Lawyer

     Second –  whether the officer possessed the requisite legal justification to take the driver individual for a chemical test of their breath or blood: Observations, field sobriety tests, defendant admissions, portable breath tests and more play into this evaluation. There are times where there is not the requisite legal justification to take an individual for further/formal chemical test of their breath or blood.  When that is the case the results of the chemical test are suppressed and not permitted into evidence.

     Finally – issues that may present themselves at trial: These issues typically involve two main categories outside of what has already been addressed.  One of the main issues at trial is the factual argument that an individual was not driving. That is not always a defense that is available to him/her for obvious reasons.  Another argument is based upon the scientific accuracy of the chemical tests of the breath/ blood.

     There are many other arguments and defenses that may present themselves in DUI case.  Each and every factual scenario is unique and this is not an exhaustive list by any means.  Before making any decision in any criminal DUI / driving under the influence case – at a very minimum, these issues should be examined, evaluated and understood before deciding on a strategy.


The above listed information does not include the entire crimes code, annotations, amendments or any recent changes to the law that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments or the most complete legal issues for all cases These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. It is intended solely for informational purposes.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer and personal injury attorney who represents individuals accused of crimes or injured by the negligence of others throughout all of Chester County.

Teachers charged with DUI / driving under the influence offenses

Driving Under the Influence charges ( DUI ) are one of the most common criminal charges that people face in Pennsylvania and elsewhere. With law enforcement cracking down on DUIs and the prosecutions of these cases becoming more aggressive – it is all the more likely that someone may be unfortunate enough to face DUI charges once in their lifetime.

For some, a DUI conviction leads to only a criminal conviction and driver’s license penalties. For others, it may create professional licensing matters that have the potential to harm their ability to earn a living and continue to work in their field.

West Chester Pennsylvania Criminal Defense - Conspiracy Cases

West Chester Pennsylvania Criminal Defense and Personal Injury Attorney

Teachers are a group who are potentially susceptible to professional discipline for driving under the influence / DUI offenses. If you are a teacher and are charged with DUI it is important to have a criminal defense lawyer who has the knowledge and experience to handle your criminal case in a proper and aggressive manner while also being well versed in the procedures and policies in your case as they relate to your professional license.

Teachers charged with DUI / driving under the influence offenses may have a duty to report their charges, and/or the dispositions of the charges, to their employers. Each case and school district may be different. Further, there are often services and tools that teachers may have at their disposal (and often times they are unaware of) that may further aid them through this process.

Teachers charged with DUI /driving under the influence offenses are often worried and rightfully concerned about their ability to teach being impacted. If you are a teacher who has been charged with a DUI / driving under the influence offense contact Michael D. DiCindio, Esq. at DiCindio Law, LLC today.

__________________

The above listed information does not include the entire crimes code, annotations, amendments or any recent changes to the law that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments or the most complete legal issues for all cases These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. It is intended solely for informational purposes.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer and personal injury attorney who represents individuals accused of crimes or injured by the negligence of others throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale

Credit for Time Served in Inpatient Facilities – DUI Cases

Credit for Time Served In Inpatient Facilities – DUI Cases

When someone has been arrested and is pending trial there are decisions that need to be made based upon the needs of the person and the strategy of the case.  Some of these decisions will be made by the individual and others may be made or dictated to them by the Judge.  One of the decisions is whether or not someone needs to be placed into an inpatient rehabilitation facility in order to address a substance abuse issue.  Most often, this arises out of DUI or driving under the influence / driving while impaired cases.

Voluntary treatment is treated differently than Court ordered treatment

West Chester Pennsylvania Criminal Defense and Personal Injury Attorney

West Chester Pennsylvania Criminal Defense and Personal Injury Attorney

What is important to know is that when someone is placed into inpatient as a condition of bail in lieu of pre-trial incarceration they are entitled to have that time spent in inpatient count against any jail sentence they may be later sentenced to. Commonwealth v. Cozzone, 593 A. 2d 860 (Pa. Super. 1991).  Alternatively, if someone voluntarily gone to inpatient on their own accord it may be credited towards their sentence but only if the sentencing Judge, in his/her discretion decides to grant the credit.

The lesson to take from this is that when someone is in the criminal system, facing incarceration and ends up in an inpatient rehabilitation for any reason – his attorney must evaluate any arguments about credit for time spent in rehab that may be available to the client in order to potentially limit the about of time in prison that ultimately must be served.

If you or a loved one needs representation on any criminal matter – contact Mike DiCindio, Esq. directly.


The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant.  The information provided is for informational purposes only and may not reflect the most current legal developments.  These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  It is intended solely for informational purposes.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer and personal injury attorney who represents individuals accused of crimes or injured by the negligence of others throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale

Chester County Intermediate Punishment Program (IPP)

In our culture today one of the most common criminal charges, one that fills county dockets across state of Pennsylvania, is Driving Under the Influence (DUI). While many first-time offenders may be eligible for the ARD program (read more by clicking the link) there are many times where this is not offered or an individual is not eligible – possibly due to the facts and circumstances surrounding the DUI charge, possibly because of a prior criminal offenses or possibly it is not a first offense driving on the influence charge for the accused. In all of these cases, individuals who have been charged with a Driving Under the Influence / DUI offense face the potential of harsh mandatory incarceration sentences, potential supervision and conditions.

Mike DiCindio West Chester, PA Attorney

West Chester Criminal Defense Lawyer

In these circumstances in Chester County, the Intermediate Punishment Program (IPP) is set up in a manner that allows first, second and potentially third offense Driving Under the Influence / DUI offenders to apply and, if deemed eligible and accepted by the court, receive a much less harsh imprisonment sentence mixed with electronic home confinement and community service.

While this Chester County Intermediate Punishment Program (IPP)  does not reduce the potential license suspension in these matters, it is a beneficial program when there are no legal arguments of merit that can be viewed as likely to win the case either before or at trial. In these matters, a skilled criminal lawyer may recommend this as the most beneficial potential outcome for a client.

It should be noted, in Chester County there are more offenses that may be eligible for the IPP program – still, the vast majority are DUI and DUI related suspension matters.

To read more about the IPP program or to see Chester County’s IPP chart go to the Chester County IPP website or contact DiCindio Law, LLC to speak to Mike DiCindio about your case today.


 

The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant.  The information provided is for informational purposes only and may not reflect the most current legal developments.  These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  It is intended solely for informational purposes.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale