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Second Offense
DUI defense lawyer In Chester County, PA
If you are facing DUI charges in Pennsylvania for the second time, you are already aware of the fact that DUI offenses are treated harshly. The penalties for a second DUI offense are more serious than they are for a first-offense DUI. If you are found guilty of a second DUI offense, you will face a mandatory sentence to jail, substantial fines, the loss of your license, and a permanent conviction on your criminal record. While the penalties for a first offense DUI are harsh, they are much worse for a second offense.
After you have been convicted of a second DUI and have completed your sentence, the conviction can cause ongoing harm. When you have a criminal record, you can have a harder time finding a job. You can also have trouble being approved for housing, gaining entrance to higher education programs, and having trouble being approved for credit. Your car insurance rates can substantially increase, and you might have trouble finding an insurance company that will accept you. The potential penalties and collateral consequences a second DUI conviction can cause are stressful for most people. However, facing charges does not mean that you will be found guilty of the offense. An experienced PA DUI attorney at DiCindio Law can review your case and help you understand the potential defenses that might be raised.
What Are The Penalties For A Second-Offense DUI In Pennsylvania?
In Pennsylvania, DUI offenses are divided into three categories based on the BAC level you had when you were arrested. The penalties differ, depending on both your BAC level and whether you have any previous DUI convictions.
A general impairment DUI includes people whose BAC levels were between 0.08% and 0.099% following their arrests. A high impairment DUI is charged when people have BACs between 0.10% up to 0.159%. The highest impairment DUI offense is charged when someone has a BAC of 0.16% or higher at the time of the arrest. However, you can also be charged with the highest BAC if you refuse chemical testing or if you were arrested for a DUI for any amount of drugs in your system.
The penalties increase based on the number of DUIs you have previously had. The penalties for a second DUI offense at each level are more severe than they are for first-time offenders. You can be charged with a second DUI offense if you have had any prior DUIs in the past 10 years. This includes a first DUI for which you completed the ARD program or any other type of diversion program. We will review the penalties for a second-offense DUI for each of the three categories below.
Penalties For A General Impairment Second-Offense DUI In Chester County, PA
If you are convicted of a general impairment DUI as a second offense, you will face the following penalties:
- Prison from five days minimum up to six months
- Fine of $300 up to $2,500
- 12-month suspension of your driver’s license
- 12-month mandatory ignition interlock payable at your expense
- Alcohol highway safety school
- Mandatory drug and alcohol assessment and compliance with recommended treatment
Penalties For A High BAC Second-Offense DUI In Pennsylvania
If you are convicted of a high BAC DUI as a second offense, you will face the following penalties:
- Mandatory minimum sentence of 30 days up to six months of incarceration
- Fine of $750 up to $5,000
- 12-month suspension of your driver’s license
- Alcohol Highway Safety School
- Mandatory 12-month ignition interlock at your own expense
- Mandatory drug and alcohol assessment and compliance with treatment
Penalties For The Highest Rate Of Impairment As A Second Offense In Chester County, PA
If you are convicted of a second highest BAC offense, you will face the following penalties:
- First-degree misdemeanor
- Incarceration with a minimum sentence of 90 days up to six months
- Fine of a minimum of $1,500 up to $5,000
- 18-month suspension of your driver’s license
- Alcohol Highway Safety School
- Mandatory 12-month ignition interlock at your own expense
- Mandatory drug and alcohol system and compliance with any recommended treatment
Get Help From A DUI Attorney Near Me
When you are facing charges of a second DUI offense, the stakes are high. Depending on your BAC level, you will face a minimum jail sentence ranging from 48 hours up to 90 days, and the judge could sentence you to a longer period of incarceration. However, when you retain an experienced DUI attorney at DiCindio Law, you might be able to avoid the penalties by asserting a strong defense to the allegations against you. We can review your case and look for any problems with how the police conducted their investigation. Depending on what we find, we might be able to secure a plea offer to a lesser offense or win an outright dismissal of your charges. Contact DiCindio Law today to schedule a consultation.
If you or a loved one has been charged with a crime in Pennsylvania, contact Mike DiCindio, Esq today at 610.220.4691!
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