The Effect of Multiple Convictions on DUI Sentencing in Pennsylvania

Arrested and charged

When you’ve been arrested and charged with drinking and driving in Pennsylvania, one of the factors that will determine the penalties you’ll face is the number of times you have previously been convicted of drunk driving. Here are the guidelines in Pennsylvania.

First Offense

If you have never been convicted of DUI before, you won’t have to face any minimum jail time. That typically applies only if you are charged with “general impairment, where your BAC is below .10. A first conviction can lead to a $300 fine, but there is no license suspension and no ignition interlock, unless you refuse to take the blood test.

Second Offense

For a second conviction, you can be sentenced anywhere from 5 days to 6 months in jail, depending in part on your level of intoxication. The fine can be as little as $300 or as much as $2,500 and you will lose your driving privileges for 12 months. If you are given any type of restricted driving privileges, you will be required to have an ignition interlock installed on your vehicle.

Subsequent Offenses

For any additional conviction, you can face 10 days to two years of incarceration. The financial penalties range from $500 to $5,000. Your driving privileges will be suspended for a year and you’ll have to install an ignition interlock for any restricted driving.

Contact the Law Office of Michael Curtis Greenberg

You don’t have to lose your license or go to jail. Let attorney Greenberg fight to protect your rights!

Your first consultation is free. We’ll meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We take all credit cards, as well as PayPal.

To schedule an appointment, contact us by e-mail or call our office at at 855-598-3650.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015 by The American Society of Legal Advocates

Defending a DUI Charge in New Jersey – Blood Tests

DUI Charge in New Jersey-Blood Tests

When you’ve been arrested and charged with drinking and driving in New Jersey, you may want to simply be done with the legal process. To that end, you may ask your lawyer if a plea bargain can be reached. The answer—no! New Jersey does not allow plea bargaining in DUI cases. For that reason, the best ways to minimize the consequences of an arrest for drunk driving are twofold: either get the charges dismissed on a technicality, or successfully exclude evidence, such as blood tests, so that you can reduce the charges.

Challenging Blood Tests

One of the most effective and fundamental ways to defend a DUI charge is to bring the reliability of blood tests into question. There are a number of ways to do this. Some of the questions that might be asked to raise legitimate concerns about the reliability of the tests include:

  • Who performed the blood test? Was it a licensed doctor or registered nurse? If not, you may have cause for challenge. Or, if you don’t know who took the test and can’t produce that person to testify at trial, the case may be dismissed
  • Did the person drawing the blood use an iodine swab to clean the skin? Iodine swabs have been show to alter the readings on a blood alcohol test.
  • When was the blood alcohol test machine last serviced? Is there evidence that the machine gave inconsistent readings or false positives in the past?
  • Is there any leftover blood for an independent test? If not (if the state discarded the blood), you may be able to argue that, because you can’t do an independent test, the charges should be dismissed.

Contact the Law Office of Michael Curtis Greenberg

Don’t lose your license or go to jail. We will fight to protect your rights!

There’s no charge for your first consultation. We are available to meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We accept all credit cards, as well as PayPal.

To schedule an appointment, contact us by e-mail or call our office at (800) 608-1350.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015 by The American Society of Legal Advocates

Penalty Tiers for DUI in Pennsylvania

arrested

You’ve been stopped, arrested and charged with drinking and driving in Pennsylvania. What can you expect as a potential penalty if you are convicted?

In Pennsylvania, as in other states, there’s a range of penalties and the sanctions imposed depend on a couple factors—how many times you have previously been convicted and what your blood alcohol level was when you submitted to the breathalyzer—what are known under Pennsylvania law as “penalty tiers.

The Different Penalty Tiers for DUI in Pennsylvania

In 2003, the Pennsylvania legislature lowered the legal blood alcohol content (BAC) for intoxication from 10% to 8%. At the same time, they established tiers of intoxication that carry different penalties:

  • A blood alcohol content of .08 to .10 is considered “general impairment. A person testing at this level can face six months probation, a $300 fine and attendance at an alcohol safety school, provided it’s a first offense.
  • A blood alcohol level of .10 to .159 is deemed a high rate of alcohol.” Persons under 21 with a BAC of .02 or higher are also within this tier, as are people who caused any accident causing injury or property damage and certain persons driving commercial vehicles. A first conviction at this tier leads to a mandatory 48 hour incarceration and a 12 month license suspension.
  • A blood alcohol level of .16 or higher is labeled “highest rate of alcohol, with a mandatory three day jail sentence and 12 month license suspension for a first conviction. Anyone refusing to take a blood test will also be charged under this tier.

Contact the Law Office of Michael Curtis Greenberg

Don’t lose your license or go to jail. We will fight to protect your rights!

There’s no charge for your first consultation. We are available to meet with you evenings and weekends, if necessary, and can travel to your home or to detention to discuss your case. We accept all credit cards, as well as PayPal

To schedule an appointment, contact us by e-mail or call our office at at 855-598-3650.

Named One of the Top 100 New Jersey Criminal Trial Lawyers in 2015 by The American Society of Legal Advocates