Can you recieve Jail time for a 2nd DUI?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can you recieve Jail time for a 2nd DUI?

The defendent was convicted of 2 felonies in the past (1 **** charge the other a gun charge) and a DUI 4 years ago. He just recieved a 2nd DUI, will his past record of felonies be taken into consideration if he is convicted of the 2nd DUI? or will the authorities only take into consideration his 1st DUI charges if convicted?

Asked on April 27, 2009 under Criminal Law, Pennsylvania

Answers:

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

Answered 14 years ago | Contributor

In Pennsylvania you can receive jail time for a second offense.  How much depends on what the blood alcohollevel (BAC) was.  Since you didn't state I can't be more specific than to say that incarceration could be for up to 6 months in jail.  Additionally there could be fines up to $5,000.  Also, attendance at a Alcohol Highway Safety school is mandatory at a cost of $150, and license suspension can for up to 18 months.

As for past felonious behavior it shouldn't enter into the sentence imposed for a DUI; however it is part of the criminal history and to the extent the judge has discretion in imposing any sentence it can't help.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption