Can you recieve Jail time for a 2nd DUI?

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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 13 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.


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