If you are arrested under suspicion of drinking and driving, you will face immediate criminal liability regardless of the circumstances. However, the potential penalties in your case are far higher if you already have a prior conviction on your record.
Do not face a second-offense DUI in Butler County on your own. Given how high the stakes are, you could benefit from discussing your situation with a dedicated DUI defense attorney as soon as possible. Reach out to Benjamin Levine Law, LLC right away to get started.
In Pennsylvania, a second-offense DUI does not necessarily mean your most recent arrest was your second ever. This charge depends entirely on how many past convictions occurred during something known as the “lookback period.” Under state law, the courts examine the past 10 years to determine whether a DUI is a second offense. If your previous DUI conviction occurred within that 10-year lookback period, your new charge will be treated as a second DUI. If the last arrest and conviction fall before this period, your case will be charged as a first-offense DUI.
The underlying grounds for these charges are no different than any other DUI case. You could be found guilty if found driving with a blood alcohol content (BAC) of 0.08% or higher. However, you can also face charges if you are impaired by drugs or a combination of substances. Even if your BAC is below the legal limit, the state could pursue a case against you based on other factors, such as erratic driving or admissions of consuming alcohol.
Pennsylvania uses a tiered penalty system based on your BAC level and any prior offenses. A second DUI offense in Butler County comes with significantly harsher penalties than a first offense, even if no one was harmed.
If your BAC is 0.08% to 0.099%, you could face incarceration for between 5 days and 6 months, a 12-month license suspension, and a maximum fine of $2,500 fine.
If your BAC was 0.10% to 0.159%, jail time ranges from 30 days to 6 months, and fines can reach $5,000. Higher BACs or refusal to submit to chemical testing can push penalties up to 90 days to 5 years in prison, with a lengthy suspension of your driving privileges to go with it.
A second-offense DUI charge is a serious matter, but a conviction is never guaranteed. Our team is ready to help you fight back against these allegations.
There are times when a person might find themselves facing two unresolved DUI charges at the same time, whether they are in the same jurisdiction or the arrests happened in different states entirely. However, it can be a challenge to pinpoint exactly which of these cases might end up being considered a second-offense DUI charge in Butler County.
If you have two unresolved charges, the first case that results in a conviction will be treated as your first offense, even if it stems from your second arrest. In the end, you have the potential to face second-offense penalties regardless of the order in which the cases are resolved.
While it is important to take a second-offense DUI in Butler County seriously, you should never assume a conviction is certain. With the right legal team behind you, it may be possible to beat these charges. Reach out today for a private consultation with our team of former prosecutors, who could leverage their experience to get the best outcome in your case.