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Second & Third Time DUI in Pittsburgh & Pennsylvania
For second and third time charges for DUI in Pennsylvania the penalties increase drastically. As stressful as a first time DUI can be, the stress of a second time or third time DUI is even worse. Unlike your [first time DUI], where you probably received [ARD], participated in a Pittsburgh DUI class, and had your Pennsylvania DUI record erased, this charge will be treated more seriously. As an experienced Pittsburgh DUI lawyer I know you have several questions which I will try to answer here.
How much jail time am I facing?
- For a Second Time DUI, it depends largely on your BAC. At worst, you are facing a maximum of 5 years in prison and a $10,000 fine. However, there is a slight chance that you may still be eligible for ARD.
- For a Third Time DUI, at best you are facing a maximum sentence of 2 years in prison and a $5,000 fine. If your BAC was 0.16 or greater, you will be facing a mandatory 1 – 5 year prison term, a $10,000 fine. There is no possibility of ARD for third time DUI in Pennsylvania.
Therefore, it is very important that you seek an experienced Pittsburgh DUI lawyer before the preliminary hearing.
Call me, Pittsburgh DUI Lawyer Michael V. Worgul, now at (412) 475-9217 or 1-855-DUI-CRIM for analysis of your case.
How long will my Pennsylvania driver’s license be suspended?
If convicted of a second or third DUI in Pittsburgh, your license will be suspended anywhere from 12 -18 months. In addition, when your application for reinstatement is approved, you will be required to install an [ignition interlock] device on all the vehicles you own for at least 1 year.
Will my employer find out about second or third Pittsburgh DUI charge?
As with firs time DUI, I often tell people “No” (as long as you don’t tell them). However, there are certain professions / employment that require background checks or regular reporting (Doctors, Attorneys, Security Personnel, etc.) As usual, an in person meeting with an experienced Pittsburgh DUI lawyer will shed more clarity on this issue.
What is the next step in the process?
Actually, the first step is determining whether you are in fact facing a second or third time DUI. Even if this is your second or third DUI in time, legally, it may only be a first. The Best DUI lawyers in Pittsburgh and Pennsylvania know that, under Pa DUI Laws, there is a ten-year look back period in determining subsequent offenses. In other words, if you have previous DUIs in your past, but the plea or conviction for the DUIs were more than 10 years prior to the current charge, they will not count as prior offenses.
In addition, if you are charged with a DUI offense and receive another DUI charge, under the current laws, both DUI charges will count as the same offense. These determinations can be very confusing, but qualified PA DUI Attorneys understand and know how to analyze your case.
Can I win my case?
Like a first offence DUI in Pennsylvania or Pittsburgh, the police and DA only need prove that:
- You were driving a motor vehicle on a “highway” in Pennsylvania, and
- a) Your blood alcohol level was above a 0.08% or contained drugs within two hours of being stopped
or
b) you imbibed a sufficient amount of alcohol such that you were rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.
However, there is always a chance that the Police encounter leading to your arrest was illegal or that the police collected evidence in an illegal manner. If so, a legal procedure called [Suppression] could excluded all the evidence against you at trial. You will need an attorney to file a Motion to Suppress with the Court of Common Pleas. If the motion is granted by the judge, your case will most likely be dismissed.
How can you help me?
You need an aggressive Pittsburgh DUI lawyer with trial experience who can either win, or work out an alternative arrangement to jail. Most PA Attorneys are not experienced Pennsylvania DUI Attorneys. I am. Like the best DUI lawyers in Pittsburgh, I have handled cases similar to yours. I have taken DUI cases to trial and obtained acquittals. I have also negotiated many satisfactory plea agreements for my clients.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me, Michael V. Worgul, directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943 |
