After being arrested for a second offense DUI charge there is no time to waste in beginning to prepare a defense. The penalties are harsher than that of a first offense driving under the influence charge and the options for diversionary programs become less available and less likely. Unlike a first offense DUI, even at the lowest blood alcohol content, there is a mandatory prison sentence of 5 days. For a highest tier second offense DUI (BAC of .16% or greater, drugs and/or refusal of chemical testing) a mandatory sentence begins at 90 days of incarceration. A far cry from probation. Further there is the added condition of an ignition interlock device being placed on the car of the convicted second offense DUI offender. This is an embarrassment as well as a hindrance once you have restored your license from the mandatory suspension – which also becomes more severe at certain second offense DUI levels. An experienced defense lawyer must begin preparing a defense strategy and analyzing all options for a successful defense immediately.
First and foremost, a criminal defense lawyer must begin to analyze the timing of your previous DUI offense. In Pennsylvania, there is a “look back window” which provides that the current DUI is not within the “look back period” the DUI will count as a first offense DUI yet again. Beyond that, the considerations of the stop, the elements of the crime, and the legal defenses must be followed in the same manner that a criminal defense attorney would for a first offense DUI.
Outside of fighting the charge in court or challenging the evidence in a motion to suppress, in West Chester, Chester County, the intermediate punishment program is for certain eligible second offense DUI offenders. While this program requires a guilty plea to be entered into, if accepted and permitted by the Judge, it will lessen the sentence that one must serve drastically. Greatly shortening the mandatory prison sentences. If you have no valid legal defense – an experienced criminal attorney will be able to properly take you through the application process for the intermediate punishment program and advocate on your behalf before the Court in hopes of having you admitted. In other surrounding counties, house arrest or work release may potentially be an option.
If you or a loved one has been accused of second offense DUI – Contact Mike DiCindio and schedule your free consultation immediately. Contact Mike directly at 610.220.4691.
DUI Offenses In Detail
First Offense DUI – Drug DUI Offenses – DUI Plea Bargain – DUI Expungement – DUI Trial – DUI Sentencing – DUI Arraignment – Third Offense DUI – Second Offense DUI – DUI Preliminary Hearing – DUI Arrests
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. Please contact DiCindio Law for a consultation and to discuss what law is relevant to your case.
Mike DiCindio 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 as well as in Montgomery County, Lancaster County, Delaware County, Philadelphia County, Bucks County and Berks County.