An experienced Philadelphia second DUI lawyer can assist you and your case at every level of prosecution. Many defenses can be utilized to stop a prosecutor from making an example of a second DUI offender. With the proper guidance and knowledge of the law on your side, an individual charged with a second DUI has more than a fighting chance to succeed with a DUI lawyer in Philadelphia on your side.
Second time DUIs are treated on a much harsher basis than first time offenders. While first time offenders’ treatment is often geared toward preventing a defendant from committing a crime again, second time offenders are treated as individuals who have been warned once before when they had their first DUI and then have chosen to either A) disobey the law and do it a second time or B) were not punished enough the first time so that they went out and thought it was okay to commit a second crime.
Second offense DUIs can be much harsher. Whereas a first offense DUI often leads to what we call a diversionary program and/or anywhere between 6 months of probation to 72 hours in jail, a second DUI can be anywhere between 45 days in jail all the way up to 90 days in jail as minimum mandatory sentences.
Second DUI offenses are handled in the Municipal Court of Philadelphia located at 1301 Filbert Street in the Juanita Kidd Stout Criminal Justice Center.
Second offense DUI’s, like all non-felony DUI’s, begin in the Philadelphia Municipal Court. At that level cases are reviewed for DUI Treatment Court or sent directly to trial before a Judge.
Only after an initial trial in Municipal Court before a judge can an alleged seek a trial before a jury at the Court of Common Pleas level. Like most DUI’s in Philadelphia, a second DUI within 10 years can carry even more significant consequences. Second DUI’s are treated with harsher sentences and prosecuted vigorously by the Philadelphia District Attorney’s Office. Therefore seeking the advice of an experienced Philadelphia second DUI attorney is essential.
Prosecutors handle second DUI offenses with much more concern and preparedness than first-time DUI’s. Especially for second DUI’s, that occur within 10 years of the original first DUI. Those cases where an individual is arrested for a second DUI within 10 years of their first offense can suffer more extreme penalties, including jail time beginning at 90 days incarceration and fines in excess of $5,000. Additionally mandatory interlock systems and long license suspensions come into play.
As a result, an individual charged with a second DUI within 10 years of their first DUI, must consult an experienced Philadelphia 2nd DUI attorney to protect their rights and do all that is necessary to try and avoid the extreme consequences of a second DUI.
A person facing a second DUI will lose their license for double the period of time as a first DUI and face a minimum of 90 days incarceration. That’s the equivalent of 48 hours times 45, and that’s the number of weekends to get to 90 days.
What you can get with having an experienced Philadelphia DUI lawyer on your side, without proper representation, is that judges will often give sentences far in excess of the minimum mandatory, 90 days in jail as the highest end of the bracket.
Generally, after a second offense DUI charge, a person’s driver’s license is suspended for 18 months. When a person commits a second DUI with a high BAC, an 18 months suspension is what’s mandatory to the Pennsylvania Department of Transportation.
However, if it’s a lower BAC reading between .08 and .10 a lesser license suspension is typically dealt by Penn DOT, the Pennsylvania Department of Transportation. In some cases, there is no license suspension.
The position of the courts is that the driver’s license penalties for an individual charged with a second DUI depend on the circumstances of the case, the mitigation of the case, and how a case is fought in court. With the aid of an experienced Philadelphia DUI attorney on your side, you can rest assured understand that the license suspension if need be will be among the lowest allowed by law for a second DUI.
For second offense DUI charges, an experienced Philadelphia second DUI lawyer will build a defense along the same lines whether it’s a first, second or third DUI. The only difference is given that it’s a second DUI, more precautions need to be taken should your client have to take the stand and explain to a court exactly what happened. Knowing that a person had previously been convicted of DUI, a lawyer has to be very careful in how they present their case to the court.
If a person obtains the services of an experienced Philadelphia DUI lawyer, that lawyer can walk them through all the steps whether it’s a first, second or third DUI or even greater, in defending their case and making sure that their constitutional rights are protected and everything that occurred to them was done in a proper fashion.
If in any time during that process something was done incorrectly or not followed, a person may benefit by receiving a lesser or reduced charges or even an acquittal.
With second DUI cases, often an individual’s freedom and livelihood are at stake. House arrest, in-patient treatment and even weekend sentences can be negotiated. Additionally, putting on a strong defense can often lead to an acquittal or reduced charges.
For these reasons, It is imperative to have an experienced Philadelphia second DUI attorney in your corner to help fight for the right result.
David Clark Attorney at Law