2nd offense jail time in PA?

[idiotx2]

2nd offense in Pennsylvania. Blew a .16. The law says a minimum of 30 days, should i expect to do a full thirty? I've never been arrested for anything other than the first dui. Will a good lawyer be worth the money in getting me less time or am i going to do the same amount of time whether or not i hire a hot shot?
anybody know what i should expect jail to be like or of any jail forums/messageboards?

thanks.


also, yes i realize i'm friggin idiot.

 

[BL]

Where are you getting 30 days for 2nd offense ?

Anyway , if there's a minimum of 30 , a lawyer isn't going to help you get less , if the law has the evidence .

2 or more prior DUI offenses
1st degree misdemeanor
18 month license suspension
1 to 5 years prison
$2,500 to $10,000
treatment when ordered
1 year ignition interlock

Jail is not like prison you see on TV , but they do have cells . Sometimes if you're lucky you can be put in a big open room with numerous beds .

You would get good time off days if you behave yourself .

 

[idiotx2]

well i'm wondering if part of the time can be done in "rehab" or on the weekends or something like that

http://www.psp.state.pa.us/troopp/cwp/view.asp?a=568&q=171895

(b) High rate of blood alcohol; minors; commercial vehicles and school buses and school vehicles; accidents. - Except as set forth in subsection (c), an individual who violates section 3802(a)(1) where there was an accident resulting in bodily injury, serious bodily injury or death of any person or damage to a vehicle or other property or who violates section 3802(b), (e) or (f) shall be sentenced as follows:
(2) For a second offense, to:

(i) undergo imprisonment of not less than 30 days nor more than six months;

(ii) pay a fine of not less than $750 nor more than $5,000;

(iii) attend an alcohol highway safety school approved by the department; and

(iv) comply with all drug and alcohol treatment requirements imposed under sections 3814 and 3815.

 

[paguy88]

bro, I know a guy who got his first DUI and could not get into ARD... for something he did when he was like 18 but they let him do the time in a Goodwill house instead of the county jail...

good luck

why did you not learn from your first dui?

where did you get caught? what part of the state?

 

[mike_lee]

The attorney may be able to get the .16 reduced to .159 which would lower your punishment substantially. Did they take blood? Do they have any left?

 

[Susan43]

My experience in Pa 2nd offense

My husband got his 2nd Dui in PA. They have very recent new laws. There is a tier program. If you had a BAC of .16 that is considered the highest tier. For a second offense that is 90 days in jail then 90 days house arrest and then 90 days of intensive probation.(Going 2-3 times a week to probation) You would then be on probation for the balance of 5 years. That is the best you can do under the new laws. There is no room to wiggle. However since your BAC was so close, a good lawyer could possibly work with that. I don't know. Especially since you didn't get a blood test. Keep me posted as to how it turns out.

 

[idiotx2]

why did i not learn from my first dui? i have no answer for that

it was in philly. my lawyer informed me that the min is now 90 days.

they did not take blood

 

[BigMistakeFl]

BigMistakeFl

why did you not learn from your first dui?

Roughly half of those arrested for a first offense DUI will repeat. Additionally, alcoholism is a progressive disease.

 

[paguy88]

if 50% of first time DUi's get another.. and achaolizum is a disease then why don't the court focus MORE on the rehab instead of the jail sentance and convition record...

what ends up happning to many with DUI convictions who would other wise be normal citizens.. it rouins there lives... why hang the convition over there head forever?

Really does not do anyone any good... these people end up on goverment assested programs becasue of loss of job.. home get forclosed etc.... for what? making a mistake? again dui's with no accidents hurting someone else?... we have 3 stike laws right? again I dont mean the guy who drank a case of beer and drove... the guys who is out with his wife for dinner etc....



(now I am talking dui's with no accidents) PA, KS, SC, and Dc have programs for first time offenders...

always seems to me DUI's = major money...

PA owns the state stoes they are not worried about you buying it then... they are not worried when you go to a bar to drink but they have no problem collecting the taxes for your drinks...

anyway still to me not totally fair... but it is what it is

 

[BigMistakeFl]

BigMistakeFl

You have to understand that part of the process is penalties for having broken the law. It's supposed to stink; did for me too. The DUI classes and evaluation are supposed to deal with the addiction side, but those are underpaid social workers, and nobody's going to get much from forced help anyway. Frankly, you have to want that for yourself or it rarely sticks. Just look at Hollywood.

 

[dehkin]

2nd offense in Pennsylvania. Blew a .16. The law says a minimum of 30 days, should i expect to do a full thirty? I've never been arrested for anything other than the first dui. Will a good lawyer be worth the money in getting me less time or am i going to do the same amount of time whether or not i hire a hot shot?
anybody know what i should expect jail to be like or of any jail forums/messageboards?

thanks.


also, yes i realize i'm friggin idiot.

This is my experience. I am no lawyer, and not proud at all to say this, but my fiance is serving time for his third so I've learned a lot in the past 10 years. Ok, this is what happened with him. On his second, his BAC was .19(highest tier, same as you). He would have done 90 days jail time, but received 90 house arrest (second time offender program).He could have gone to a rehab, but then one that that county works with was too full. I guess every case is different, but I hope this helps. Maybe if you have a lawyer, he can mention the Second Time Offender Program. I forgot to mention, expext a HUGE fine, and maybe this will be a lesson learned for you! Good luck!