Richard J. Emhof DUI/DWI Law Blog on Lawyers.com

Pennsylvania Supreme Court Changes the Rules on DUI Sentencing

Tuesday, November 10, 2009 by Richard J. Emhof

In a recent decision, the Pennsylvania Supreme Court has altered the scheme for determining the sentences for DUI cases. Suprisingly, and unusually, this decision benefits the defendants (albeit in limited circumstances).

Specifically, assume there is a defendant charged with two separate DUI offenses occurring in separate incidents, and that the second arrest occurs before there is a disposition on the first charges. Until the new Supreme Court decision, the defendant would be facing mandatory minimum sentences for a first offense and a second offense. Now, since the defendant had no prior convictions at the time of the second arrest, he cannot be considered to have a prior DUI conviction for sentencing purposes on the second case, and would thus be sentenced as a first-time offender on both cases. This can mean significantly lower sentences in terms of:

Prison time
Probation
Fines, and
Driver’s License Suspensions

And the effect of the decision may be retroactive, meaning that if you are currently serving a second-offense sentence under these circumstances, you may be able to have your sentence reduced and be released from probation. The decision can be read at http://www.aopc.org/OpPosting/Supre me/out/J-41-2009mo.pdf.

Pennsylvania DUI Attorney, Richard J. Emhof may be able to have your sentenced reduced, saving you the costs and hassle of probation, restoring your rights, and allowing you to move on with your life. Call today at 1-866-457-9957 to discuss your case. The initial consultation is free of charge.

Posted at 13:41 PM

Topic: DUI/DWI