Are You Facing A PA DUI Second Defense?

in Choosing a DUI Attorney,DUI Law,Reasons to Hire a DUI Attorney

Author: Grant C. Travis

Pennsylvania treats second time DUI offenders more harshly than first time offenders, particularly with respect to mandatory minimum jail sentences. You should be aware that the PA DUI penalties and the mandatory minimum jail sentences are significantly increased for a PA DUI second offense.

If you thought it was rough being arrested for a PA DUI the first time, the second offense will likely be far more severe.

The mandatory minimum jail sentence that may apply in a given situation for a PA DUI second offense within 10 years will largely depend upon the alcohol concentration found in a sample of the offender’s breath or blood taken within two hours of driving.

Under Pennsylvania law, there are three tiers of BAC DUI offenses:

  • General Impairment: BAC ? 0.08% to < 0.10%
  • High Rate of Alcohol: BAC ? 0.10% to < 0.16%
  • Highest Rate of Alcohol: BAC ? 0.16%

For a second General Impairment offense, a DUI offender’s penalties may include, among other things:

  • a minimum of 5 days in jail
  • a $300 to $2500 fine
  • a 12 month license suspension

For a second High Rate of Alcohol offense, a DUI offender’s penalties may include:

  • a minimum of 30 days in jail
  • a $750 to $5,000 fine
  • a 18 month license suspension

For a second Highest Rate of Alcohol offense, a DUI offender’s penalties may include:

  • a minimum of 90 days in jail
  • a $1500 to $10,000 fine
  • a 18 month license suspension

As you can see, the penalties for a PA DUI get progressively worse as the blood alcohol content rises. Unfortunately, a DUI suspect cannot avoid these penalties simply by refusing to provide a sample of breath or blood for testing. While that might seem like a logical and easy way out, it actually could become a bad decision.

You see, individuals charged with a PA DUI involving a refusal to provide a breath or blood sample for testing will automatically face the same penalties as an individual convicted of the Highest Rate of Alcohol offense, and may also face an additional license suspension. Still think refusing a breath or blood test sounds like a good idea?

What is a good idea is hiring a professional, experienced DUI attorney. He or she can provide a person facing a second PA DUI offense within 10 years the best opportunity to avoid, or at least minimize, the potentially devastating effects of the penalties for a second DUI conviction.

Article Source: http://www.articlesbase.com/criminal-articles/are-you-facing-a-pa-dui-second-defense-3036805.html

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