How We Assured Zero Jail Time for a Repeat DUI Offender
A DUI offense carries severe charges and penalties in Pennsylvania. However, when it comes to repeat DUI offenses, the charges get significantly severe by several degrees!
But we at the Logue Law Group recently proved that success is possible, even in a region like Bucks County, where penalties for repeat offenses are notoriously harsh.
What happened was that our client, Mr. Wolowitz, faced mandatory jail time for a second DUI offense. But we helped him walk away with a house arrest and avoid imprisonment. This outcome is a testament to why hiring a top Pittsburgh criminal lawyer can be beneficial for any serious offense.
That being said, let’s take a look at how we made things turn for a repeat offender.
Penalties for Second DUI Offenders
In Pennsylvania, the look-back period for DUI offenses is ten years. If you are arrested for a second DUI within this period, the penalties can escalate substantially. The severity depends entirely on your Blood Alcohol Content (BAC) at the time of arrest. And your BAC levels are what determine the mandatory minimum prison sentence.
For a second offense in the lowest tier (0.08 to 0.099% BAC), you can be charged with a minimum of five days of imprisonment. And if your BAC falls into the highest rate category (0.16% or higher), the mandatory minimum term of imprisonment jumps to 90 days.
Added to that, you face the following consequences-
- Steep fines
- Installing an ignition interlocking device in your vehicle for one year
- License suspension
A skilled Pittsburgh criminal lawyer knows these requirements. They are also aware that an alternative sentencing, like house arrest or inpatient treatment, is the only path to avoiding jail time.
How Did We Manage to Avoid Jail Time for Our Client
Our client was charged with a second DUI offense in Bucks County. The evidence suggested a BAC in the middle tier, which meant a mandatory minimum of 30 days of imprisonment.
However, the charges posed a critical threat to his job and family stability. The case was complex, but our lawyers put up a defense strategy that focused immediately on challenging the legality and admissibility of the Commonwealth’s evidence.
Our highly experienced Pittsburgh criminal lawyers meticulously reviewed the case files. We examined the traffic stop, the administration of the Field Sobriety Tests (FSTs), and the certification and calibration records for the chemical testing equipment. And in doing so, we found several critical procedural issues regarding the police protocol during the arrest. This gave us significant leverage with the Assistant District Attorney (ADA). We also presented evidence of our client’s strong community ties and his proactive engagement in addiction treatment programs.
Not just that, but our Pittsburgh criminal lawyers also negotiated a comprehensive plea agreement. Instead of mandatory jail time, we successfully convinced the ADA and the court to accept a resolution that required our client to be on House Arrest with electronic monitoring. This served the requirements of the law and also allowed our client to maintain his employment and support his family. He successfully completed his sentence at home, avoiding the life-altering experience of actual jail time.
This utterly complicated case once again proved that it’s a knowledgeable Pittsburgh criminal lawyer who can make all the difference. This case also reflects how strong negotiation skills can help you achieve a favorable outcome!
Therefore, if you have been charged with a repeat DUI offense, don’t just submit to jail time! Exercise your right to call a lawyer, and contact us at 844.PITT.DUI to schedule a free consultation today!