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2nd dui

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Trinity300

New member
i got a 2nd dui 9 years after my first one. i was under the impression that Pa would make me do 90 days in jail. My public defender called and said the da was going to ask for 9 months. Why and how can they make you do that much time for a 2nd when they were 9 years apart? I could see if it was back to back but 9 months seems a little harsh to me.
 


quincy

Senior Member
i got a 2nd dui 9 years after my first one. i was under the impression that Pa would make me do 90 days in jail. My public defender called and said the da was going to ask for 9 months. Why and how can they make you do that much time for a 2nd when they were 9 years apart? I could see if it was back to back but 9 months seems a little harsh to me.
The best person to ask your "why" question to is your attorney. He knows the facts of your arrest.

The circumstances surrounding your arrest - refusal to breathalyze, BAC level, property damage, injuries, children in car, etc - can all make a difference in what the DA will ask for in the way of sentencing and how the judge will sentence.
 
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FlyingRon

Senior Member
It sounds like you are talking above .15% BAC. The MINIMUM jail time is 90 days. The maximum is five years. You need to be talking to your attorney.

PA has a ten year look back, which is why the prior nine years ago can be held against you.
 

quincy

Senior Member
In addition, if the BAC was 0.16% or above, there will be a mandatory driver's license suspension of one year, mandatory traffic safety school, one year of ignition interlock, alcohol treatment, and the fine can be as high as $10,000.

It is good that Trinity has an attorney.
 

commentator

Senior Member
If you had a DUI 9 years ago, and it never happened again, then it appears that you learned your lesson and got out of the heavy drinking which leads to DUI convictions life and behavior. But getting caught nine years later on another one (especially if this is a particularly notable one, high BAC, etc.) means you just lucked out, you continued to drink and drive, continued the alcohol abuse life style, you just didn't get caught again until now. If anything it would make me feel more likely to throw the book at you this time, and they can, so that's got to do with why they will, I'd bet.
 

quincy

Senior Member
If you had a DUI 9 years ago, and it never happened again, then it appears that you learned your lesson and got out of the heavy drinking which leads to DUI convictions life and behavior. But getting caught nine years later on another one (especially if this is a particularly notable one, high BAC, etc.) means you just lucked out, you continued to drink and drive, continued the alcohol abuse life style, you just didn't get caught again until now. If anything it would make me feel more likely to throw the book at you this time, and they can, so that's got to do with why they will, I'd bet.
I agree that the chance that Trinity drove drunk only two times in 9 years (and managed to get stopped both times) is probably slim.

That said, just because he probably drove after drinking more times than twice does not alone allow the judge to exceed guidelines in sentencing. He can be sentenced on the two DUIs only.
 

adjusterjack

Senior Member
Why and how can they make you do that much time for a 2nd when they were 9 years apart?
Shouldn't make any difference between 9 years apart or 9 days apart. You're still a drunk driver who didn't learn anything from the first conviction. The DA wants to make sure you learn something from this one. Hopefully, 9 months in jail will be your wake up call.
 

Just Blue

Senior Member
i got a 2nd dui 9 years after my first one. i was under the impression that Pa would make me do 90 days in jail. My public defender called and said the da was going to ask for 9 months. Why and how can they make you do that much time for a 2nd when they were 9 years apart? I could see if it was back to back but 9 months seems a little harsh to me.
What state?
 

quincy

Senior Member
It was pretty well hidden in the sentence, "I was under the impression that Pa would make me do 90 days in jail." :)
 

Just Blue

Senior Member
i got a 2nd dui 9 years after my first one. i was under the impression that Pa would make me do 90 days in jail. My public defender called and said the da was going to ask for 9 months. Why and how can they make you do that much time for a 2nd when they were 9 years apart? I could see if it was back to back but 9 months seems a little harsh to me.
It would seem to me that the choice you made, not one but twice, to risk the lives of others by driving VERY DRUNK is a "little harsh".

 
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