The first time you were charged with driving under the influence (DUI) in Pennsylvania, you may have chalked it up to a bad decision and one-time mistake. This reasoning in court may have enabled you to receive a lighter sentence. However, if within the next decade you are arrested in Greensburg again for drunk driving, you will face a second DUI, and a judge is unlikely to be lenient. The best way to avoid the harsh consequences of another DUI conviction is to work with an experienced Greensburg second DUI lawyer.
At Worgul, Sarna & Ness, Criminal Defense Attorneys, we have an excellent track record of assisting clients who have been accused of multiple DUI’s and know what it takes to secure positive outcomes. Our DUI lawyers in Greensburg are here to help avoid a second DUI conviction from going on your record or reduce the impact to your life.
Contact us online or call (724) 834-1275 to schedule a free and confidential consultation.
Pennsylvania DUI Law
You can be charged with a DUI under 75 Pa. Code §3802. This prohibits you from driving, operating, or being in actual physical control of the movement of a vehicle after:
- 75 Pa. Code §3802(a)(1): Imbibing a sufficient amount of alcohol that you are rendered incapable of safely driving, operating, or being in actual physical control of the movement of a vehicle;
- 75 Pa. Code §3802(a)(2): Imbibing a sufficient amount of alcohol that your breath or blood alcohol concentration is at least 0.08 percent within two hours of driving;
- 75 Pa. Code §3802(b): Imbibing a sufficient amount of alcohol that your BAC is between 0.10 and 0.16 percent within two hours of driving (High BAC Rate);
- 75 Pa. Code §3802(c): Imbibing a sufficient amount of alcohol that your BAC is 0.16 percent or higher within two hours of driving (Highest BAC Rate);
- 75 Pa. Code §3802(d)(1): Taking a Schedule I, II, or III controlled substance;
- 75 Pa. Code §3802(d)(2): Becoming under the influence of a drug or combination of drugs to a degree that impairs your ability to safely drive, operate, or be in actual physical control of the movement of a vehicle;
- 75 Pa. Code §3802(d)(3): Being under the combined influence of alcohol and drugs to a degree in which you cannot safely drive, operate, or be in physical control of the movement of a vehicle; or
- 75 Pa. Code §3802(d)(4): Being under the influence of a solvent or noxious substance.
This law applies to each and any subsequent DUI offense. If you are pulled over and charged with impaired driving for the second time in Dauphin County, call our second DUI attorneys in Greensburg immediately.
When You Will Face a Second DUI Charge
You will be charged with a second DUI within 10 years of your first DUI. Pennsylvania law requires prosecutors to look back a decade for previous DUI convictions. If you have one prior DUI conviction within that time, then the current arrest and charge will be classified as a second DUI. If you have two previous DUI convictions within those 10 years, you will face a third DUI. It is best to contact an experienced Greensburg criminal defense attorney to help you with your case.
Is a Second DUI a Felony?
No, a second DUI is not a felony. Many first and some second DUIs lead to ungraded misdemeanors. However, more serious DUI cases are charged as first-degree misdemeanors. For this level of offense, you face up to five years in jail and up to $10,000 in fines.
Penalties for a Second DUI Conviction in Greensburg
The second DUI penalties will probably be harsher than the punishments handed down for a first offense. You face a longer minimum amount of jail time for a second DUI. A second DUI’s jail time can range from five days to five years, depending on your BAC. You are also more likely to lose your driver’s license and pay to have an ignition interlock device installed in your vehicle once you get your license back.
Second DUI With a BAC Lower than 0.10 Percent
- Between five days and six months in jail
- One-year driver’s license suspension
- Fines between $300 and $2,500
- Alcohol highway safety school
- Alcohol or drug treatment
- One-year ignition interlock device
Second DUI With a BAC Between 0.10 and 0.159 Percent
- Between 30 days and six months in jail
- One-year driver’s license suspension
- Fines between $750 and $5,000
- Alcohol highway safety school
- Alcohol or drug treatment
- One-year ignition interlock device
Second DUI With a BAC Higher Than 0.16 Percent
- Between 90 days and five years in jail
- 18-month driver’s license suspension
- Fines between $1,500 and $10,000
- Alcohol highway safety school
- Alcohol or drug treatment
- One-year ignition interlock device
To learn more about potential second offense DUI sentences, call a second DUI lawyer right away.
Additional Second DUI Consequences
If you are convicted of a second DUI, the consequences can be difficult to overcome. After you complete your possible jail term, you may find yourself without a driver’s license. If you are caught driving on a suspended license, you will face additional criminal charges. Not being able to drive can make it difficult to get to school or find or keep a job. You may not live in an area where you can rely on public transportation, and your friends and family may not be able to give you rides.
Additionally, you may run into trouble obtaining a professional license. A DUI can make you ineligible for certain licenses, or it can simply make it difficult to pass the ethical standard for that license.
Other possible collateral consequences of a second DUI conviction are child custody and visitation complications, immigration issues, like deportation, and travel restraints. You may also find it difficult to travel abroad. Even Canada may deny you entry for having a DUI on your criminal record.
Do I Need a Greensburg Lawyer for a Second DUI?
If you are facing a second or subsequent DUI in Greensburg, you need an experienced DUI defense lawyer by your side. The prosecutor will use the fact you have a previous DUI against you. Whenever possible, the prosecutor will seek the highest charge and harshest punishment.
A judge is also far less likely to be lenient in regard to another DUI offense compared to a first DUI. Even if a judge was considering minimum sanctions, the law requires certain penalties. For instance, the law mandates a minimum number of days in jail for a second DUI. You could even be incarcerated for weeks or months, which means you could lose your job and become behind on your bills. By hiring a second DUI lawyer, you will have someone to help you avoid time in custody, or at the very least, work towards keeping it to the minimum requirement.
A second DUI will also likely have profound financial implications. You will be required to pay hefty fines and court fees. If you caused any property damage, you might have to pay restitution. You will have to pay reinstatement fees for your license, and the installation, maintenance, and removal of the ignition interlock device. On top of all of that, your auto insurance premiums will go up considerably. By hiring a defense lawyer, you can avoid many of these costs or find ways to reduce them.
Contact an Experienced DUI Attorney Near You
It’s easy to feel discourages at the prospect of being charged with a second DUI. But, you always have options with a skilled lawyer. There are many ways to defend against second DUI charges. At Worgul, Sarna & Ness, Criminal Defense Attorneys, our second DUI lawyers may argue that you were subject to an unlawful traffic stop or an unreasonable search and seizure. This may not get your charges dropped, but it could help limit the evidence against you.
We may put forth defenses regarding the unreliable or invalid nature of the evidence against you, most specifically, the results of chemical tests. We may be able to show that a chemical test was improperly administered, the equipment was flawed or not calibrated, or that the sample was contaminated in some way. Additionally, we may fight back against a police officer’s observations and show that there were reasonable explanations for how you looked, smelled, and sounded like during the traffic stop.
To learn more about how we can protect you against second DUI charges, contact us online or call (724) 834-1275 to set up a free, initial consultation.
