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DAVID CLARK
Criminal Defense Attorney

Penalties For a Second DUI in Philadelphia

Penalties for a second DUI range from a probationary sentence when an individual’s Blood Alcohol level is below .10 to a minimum of 90 days imprisonment when the Blood Alcohol level is above .16, a controlled substance is in their system, or an individual refuses a Blood Alcohol test.

Additionally, license suspensions can be as high as two years and mandatory interlock systems may be required to drive a vehicle in the future.  Fines are tripled, many in excess of $5,000.00 with additional court costs.  A second DUI is a serious matter that requires the thorough review and subsequent advice of an experienced Philadelphia second DUI attorney.

In many cases, an experienced Philadelphia DUI attorney can mitigate or lessen mandatory sentences.  Agreeing to have certain charges and sections of the DUI code dismissed can turn 90 days in jail into a much less harsh sentence.

Sentencing in Court

Philadelphia Courts treat second DUI offenders a lot more harshly than first time offenders.  The theory behind this rests with the knowledge that an individual has already received a break and now must be penalized not merely treated and warned.  Courts feel that it is sometimes a slap in their face when an individual goes out and commits the same crime that they once told another judge they would never do again.

It is imperative that if a person has a drug or alcohol problem they seek the right treatment.  That may be the only way to lessen an otherwise lengthy prison sentence.  An experienced Philadelphia second DUI lawyer can work with you and help you to make the right arguments to the Court at the right time.

Does The Amount Of Time Between DUIs Matter?

The amount of time between DUI’s is the most crucial of all elements when an individual’s case is being evaluated.  If previous DUI’s have occurred within 10 years of a new arrest they can all exacerbate and raise the potential sentences and penalties for a DUI offender.  If a DUI offender has one previous DUI within 10 years a minimum sentence of 90 days incarceration is possible. Should this be a third DUI arrest in 10 years a potential one to five year prison state sentence is possible.  Timing is everything in regards to a new DUI arrest.  An experienced Philadelphia DUI attorney can evaluate your case and determine exactly what your possible exposure is and how best to attack the government’s case against you so that your potential penalties can be eliminated or reduced.

Diversionary Programs for Second DUIs

Second Offense DUI’s are not usually targeted for Diversionary programs. The theory behind this is that the individual charged for a second DUI already received a first break. However, for those with addictions, a DUI Treatment Court does exist to help them.  An experienced Philadelphia DUI attorney can evaluate your case and determine whether you may qualify for DUI Treatment Court. It is the only way outside of negotiations or a trial to minimize an individual’s exposure to jail time for a second DUI.  However treatment is a major component to this program and a lot of time needs to be expended in order to successfully complete it. The advice of an experienced DUI attorney is imperative in making the best choice for any individual.