Penalties for several impaired driving offences are increasing exponentially and can jeopardize your future, especially your licence and employment. You might see the advice that you should never accept a breath test and ask yourself if it`s a good idea. To answer, it is important to understand that there are implied consent laws that are different in each state. In some areas, this advice could be good. In Pennsylvania, however, this is probably not the case. If you refuse to take a breathalyzer test, you could be accused of that refusal as a crime in itself – and difficult to defend. If you are convicted of this crime, you face the harshest penalties under the law. Keep in mind that the refusal to take a breath test is listed right next to a blood alcohol level of 0.16% above. Penalties for impaired illness are classified and issued based on the driver`s blood alcohol level and history. These are different from the penalties for a first DUI offense in Pennsylvania. In 2003, the Commonwealth of Pennsylvania passed a law that lowered the legal limit for alcohol from 0.10 to 0.08. Thus, a person whose blood alcohol level is above 0.08 can receive a DUI. The 3 levels of a DUI include: Penalties are then ranked according to the number of DUIs you had before.

A second DUI is punished more severely than a first DUI. The review period for previous dui is ten years. This means that if you have had DUIs in the past decade, including enrolling in the Pittsburgh ARD program or any other diversion program through the Pittsburgh DUI Court, you will be charged with a second offense. Pennsylvania adheres to a 10-year retrospective rule under 75 Pa.C.S. § 3806 According to this rule, previous DUIs will only be taken into account if they occurred within the last 10 years of your current expenses. If your first DUI is more than 10 years old, your second DUI would be legally treated as if it were your first. It is important to remember that the 10-year review period begins on the date of your last conviction, not the date you were charged. This nuance of the retrospective rule was established in 2019 in Commonwealth v. Mock before the Pennsylvania Supreme Court. If you have been charged with a second DUI offense in Pennsylvania, you should first meet with an experienced local DUI attorney to discuss your case. If this is the second time you`ve been charged with drunk driving (DUI), you already know how harsh the penalties for DUI in Pennsylvania can be.

There are other ways to remove your DUI, but they can be more difficult than the ARD. In general, a criminal offence can only be erased if it is a summary offence. Summary crimes are very minor and tend to result in little or no jail time. Low-level dui with a general disability may be charged with summary offences and may be eligible for removal. However, a second DUI or DUI with a higher degree of intoxication may not be suitable for deletion without ARD. Talk to our Pennsylvania DUI advocates for more information. In addition, a second conviction for drunk driving can impact other aspects of your life, including your career, credit, housing, and education. You might also face other issues with your car insurance, including difficulty getting them or experiencing drastic rate increases. It`s always a good idea to designate a driver when you go out for a drink, but sometimes you have more alcohol than expected, and driving seems to be the only way home. If you have been charged with a second DUI, you should hire an experienced York DUI lawyer. Traffic laws have become stricter in the state, and it takes a qualified professional to keep up with these changes.

Time spent behind bars is one of the standard penalties for all DUIs that involve a second offense. The shortest time spent in prison would be for a second DUI of general weakening. For such an offense, you can expect to spend at least 5 days in prison. The term of imprisonment is increased to at least 30 days for a second offence of a high alcohol level and to at least 90 days for a second offence of the highest alcohol level. Unfortunately, DUIs are reported to insurance companies and your insurance rates may be affected. If drivers behind the wheel turn out to be dangerous, their insurance companies may charge them more for insurance because they perceive the customer as a higher risk. A second DUI will only reinforce this belief and lead to a further increase in insurance costs. If you are convicted of a second drunk DRIVING offence, there is a good chance that you will face a licence suspension. However, this doesn`t necessarily mean you won`t be able to drive, as you may be able to opt for a contact locking device (IID). These devices require you to blow into them and keep a specific BAC to start and drive your car, and they must be used if you want to apply for a limited license during the period when your official license is revoked. As law enforcement officials in Pennsylvania and across the country continue to increasingly crack down on impaired driving, even people without a history of impaired driving or related crimes can face serious consequences.

If you successfully complete the program applications, you can have the crime removed from your file. If your DUI for the second offense includes a blood alcohol level of 0.1% to 0.15% (less than 0.16% to be exact), you may face slightly harsher penalties. These charges are still considered an administrative offence; However, they face fines of $750 and $5,000, from 30 days to six months in prison, and possibly a licence suspension of up to 12 months. You may also need to seek treatment for drug addiction and take the alcohol safety course mentioned above. This could provide your lawyer with important information about possible defenses. Gather the information you have about your first DUI and second offense, and determine whether you are represented by a public defense attorney or hire a lawyer. While these laws are supposed to protect people, they can be exercised too zealously by prosecutors and judges. Some people, some of whom face unfair charges or have not benefited from due process, may be treated in the same way as those who have clearly committed a violation.

Regardless of the reason for your arrest, you have the right to hire an experienced attorney in Pennsylvania TO DEFEND YOUR RIGHTS. A previous impaired DRIVING offence for which you participated in the ARD program and successfully completed is also considered a previous conviction for impaired driving. A second impaired driving indictment could also violate the terms of your first offence. The penalties for a second conviction for drunk driving in Pennsylvania within 10 years are harsher than for a first drunk driving offense. As a repeat offender, you are subject to severe criminal penalties and other collateral consequences. A second DUI will undoubtedly cause more problems than the first. Not only will the courts have much less understanding of a repeat offender, but you may also not have other sentencing options. Sentences for a second DUI are also often harsher, with longer license suspensions and possible jail terms. The length of time you lose your licence for a second drunk DRIVING offence may depend on your level of intoxication and various other circumstances in your case.

In general, a person who has only one previous DUI in their file in the last 10 years will be charged with an unclassified offence. As such, after 75 Pa.C.S. 3804(e), a licence suspension for an unclassified impaired DRIVING offence is 12 months. However, if you are charged with drunk driving for the highest level of impairment, your suspension will be 18 months. Unfortunately, it is unlikely that ARD or other distraction programs will be an option for a second DUI offense. A conviction means that you will spend some time in prison – and you will bear the consequences for a long time.