2nd dui but not for alcohol for cocaine and posessin of a controlled substnace? what am i facing in jail time? I am in rehab now.

I want to know what i am facing in jail time. i am doing 30 days in a rehab. i was pulled over and charged with 2nd dui but i wasnt drinking i was doing cocaine.

Asked on June 1, 2009 under Criminal Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

For a second DUI in Pa  the penalty is as follows:

Ungraded misdemeanor
5 days minimum imprisonment
$300 - $2,500 fine
12 month license suspension
Attend Alcohol Highway Safety School
Mandatory 1 year Ignition Interlock
CRN Evaluation
Mandatory full D&A Assessment and compliance with D&A treatment as condition of sentencing

Robert Pellinen / Law Offices of Robert Pellinen

Answered 11 years ago | Contributor

In most states in the union a cocaine or narcotic DUI is the same as an alcohol related DUI, except with a drug DUI, the DMV may not suspend your license under the "implied consent" laws, which means if your alcohol level is, e.g., .08 or above, the DMV can suspend your license even if you are found not guilty or the district attorney doesn't press charges against you.

But it is important that you continue with the rehab to demonstrate you are responsible and it is very important to know that to detect narcotic impairment, takes special training and most cops don't have this training. It isn't like detecting alcohol, because everybody knows what being "under the influence" is.

Also important is don't talk about this case with anybody except your attorney.  Another relevant aspect of DUI cases is that the police must have a valid reason for detaining you to justify their arrest.  It pertains to your Fourth Amendment right to be free from unreasonable  searches and seizures, which includes arrests.

I hope this information is helpful. 


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