On October 27, 2014, a new Act was passed that has amended the DUI law in Pennsylvania in a few ways. While all are important changes, one in particular solidifies that a second offense DUI offender who has refused testing in now facing a maximum sentence of 5 years.
In 2013, in the case of Commonwealth v. Musau, the Pennsylvania Superior Court ruled that the sentence of 90 days to 5 years of imprisonment was illegal, and ruled that the maximum sentence allowable for a second offense DUI when the individual refuses chemical testing is six months.
A skilled DUI lawyer should be consulted with no delay after being arrested for a DUI offense.
The law, as now amended, has addressed the language in the statute that created the argument advanced by Musau’s attorney. Therefore, now a second offense DUI when the accused refuses chemical testing is clearly a charge punishable by a 5 year maximum.
It is now crucial that when one is accused of a second offense DUI and they refused chemical testing that a skilled and knowledgeable DUI attorney is retained to evaluate the case and properly advise and guide one through the process.
Contact Mike DiCindio today to schedule your free consultation.