Montgomery County, PA Second Offense DUI Penalties

In Pennsylvannia, a second offense DUI within 10 years is treated as harshly as any DUI past the first. A second offense means that the individual did not learn their lesson the first time in the eyes of the law and therefore judges and prosecutors often feel the need to punish those convicted even harsher than they did the first time. For this reason, it is important to consult with a Montgomery County, PA second offense DUI lawyer, so you know both what you are facing and what can be done to help your situation. To learn more call and schedule a consultation today.

Consequences For a Second Offense

Penalties for a second offense DUI in Montgomery County, Pennsylvania are similar to those within the rest of the Commonwealth of Pennsylvania and therefore often carry a minimum mandatory sentence of 90 days in incarceration, depending on a person’s blood and or breathalyzer limits. In addition, an 18-month license suspension can be expected, along with an interlock mechanism fixed on their vehicle as well as substantial fines and community service all as part of the sentence for a second offense DUI charge.

Alternative Sentencing

Montgomery County prosecutors offer certain diversionary programs for individuals charged with second, and in some cases even third, DUIs within a period of 10 years, however, they are much more difficult to get into once an individual requests a trial before a judge or a jury and the individual is in the court of common pleas in Montgomery County. These programs are also not programs that ultimately will clear an individual’s record of the fact that the individual was charged in the first place. A second offense DUI cannot be expunged for a second or third DUI like the record could be expunged for a first DUI after the ARD diversionary program.

In Montgomery County, prosecutors will often turn to the Intermediate Punishment or IP diversionary program when dealing with second, and in some cases third, time DUI offenders. These are diversionary programs which limit jail time. Albeit there is still some jail time involved, it reduces significantly the amount of jail time a person does. However, it increases the amount of treatment an individual with certain needs, like an alcohol or drug problem, receives.

Therefore, it is in a person’s best interest to explore all diversionary programs available to them for second and even third DUIs in Montgomery County. That way, an individual can avoid 90 straight days in jail for a second DUI or up to one year incarceration for a third DUI. In addition, fines, costs and license suspension can often exceed 18 months all the way to three years or more.

Your Drivers License After a 2nd Offense DUI

In Montgomery County, like the remaining counties in Pennsylvania, a second offense carries a license suspension in the area of 18-months but can also be much longer in certain cases. The license suspension is generally dealt with through the Pennsylvania Department of Transportation and all appeals on the license suspension must be taken before them.

Therefore, it is of extreme importance that in order to protect your license with a second DUI or greater, an individual charged with such a crime should seek the advice of an experienced Montgomery County DUI attorney. The attorney can deal directly with the criminal court on one end and the Pennsylvania Department of Transportation on the other. There are two separate courts that deal with these matters. Albeit the sentences are imposed by the criminal court, it is the Pennsylvania Department of Transportation that handles the suspensions.

For instance, if an individual with a second DUI refuses to give a Breathalyzer or refuses a blood test, there is an additional one-year suspension that is added to the end of any 10-month or greater suspension given because of the DUI. Therefore, a person can potentially lose their license for two years or greater up to four years for a second DUI, and depending on any other charges associated with the case, such as possession of a controlled substance, additional license suspensions can even come into play.

How An Attorney Can Help

An experienced Montgomery County DUI criminal defense attorney can reach out to the prosecutors in advance, reach out to any programs that a person may be eligible for and make sure that an individual charged with a crime of a second DUI has every option available to them to prevent the harshest of sentences. Therefore, it is essential in Montgomery County to seek services of an experienced Montgomery County DUI criminal defense attorney. Only then can an individual be advised properly on what they truly face and make the right decision, which can impact their life for a significant period of time.