Articles Posted in DUI Sentence

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Under Pennsylvania law, people convicted of DUI offenses face more severe penalties if it is their second or subsequent DUI conviction. While this has long been the case, the Pennsylvania Motor Vehicle Code was recently amended to increase the penalties imposed on repeat DUI offenders. Known as Deana’s Law, the amendment was signed into law in July 2022 but did not go into effect until November 2022. If you are charged with a second or subsequent DUI offense, it is important to know what penalties you may face if you are convicted, and you should speak to a Pennsylvania DUI defense lawyer as soon as possible.

Changes to the DUI Provisions of the Pennsylvania Motor Vehicle Code

Act 59 of 2022, sometimes referred to as Deanna’s law, amended section 3803 of the Pennsylvania Vehicle Code to increase the grading of certain DUI offenses, subsequently allowing for the imposition of greater penalties for such violations. Act 59 of 2022 was named Deanna’s law in honor of Deana DeRosa Eckman of Delaware County, who was killed by an intoxicated motorist with six prior DUI convictions.

Pursuant to the modifications, the following offenses will be charged as a felony of the third degree if the defendant has two prior DUI convictions and a felony of the second degree if the defendant has three or more DUI offenses: DUI general impairment, if the defendant refused to submit to a breath or chemical test; DUI with a BAC of .16 or higher; and, DUI involving controlled substances. Notably, Felonies of the third degree are punishable by up to seven years in prison, and felonies of the second degree are punishable by up to ten years in prison. Continue reading

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Pennsylvania’s statutory sentencing scheme for DUI offenses permits the courts to impose greater penalties for each subsequent DUI conviction. Generally, it is easy to ascertain whether a conviction constitutes a first, second, or third offense. The issue can become convoluted, however, when a defendant faced with DUI charges was previously charged with a DUI crime and entered into an ARD program but was not actually convicted. Recently, the Superior Court of Pennsylvania issued a ruling addressing the novel question of whether prior acceptance of ARD equates to a prior conviction for purposes of imposing sentences for second or subsequent DUI crimes, ultimately ruling that it did. If you are charged with a second or higher DUI offense, you could face substantial penalties if you are found guilty, and it is critical to talk to a Pennsylvania DUI defense lawyer about your options for protecting your liberties.

Procedural History of the Case

It is alleged that the defendant was arrested and charged with DUI crimes in July 2019. He was subsequently arrested and charged with a second DUI offense the following month. In February 2020, the defendant entered the ARD program for the charges arising out of his first arrest and then entered a negotiated guilty plea for the charges arising out of his second arrest.

Reportedly, the court deferred sentencing in the second case. Before the sentence was imposed, however, the court ruled that the provisions in the DUI law that equated accepted into ARD to a prior conviction for sentencing purposes were unconstitutional. The court sentenced the defendant as a first time offender, after which the Commonwealth appealed.   Continue reading

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A conviction for a DUI crime does more than just show up on your driving record; it is a criminal conviction that can result in a lengthy prison sentence. While the Pennsylvania courts have some degree of discretion in determining what constitutes an appropriate sentence in a DUI case, the sentences they issue must be reasonable; if they are not, they may be appealable. Recently, a Pennsylvania court issued a ruling discussing what constitutes a reasonable sentence in a DUI case, in a matter in which it ultimately rejected the defendant’s request to vacate his sentence. If you are charged with a DUI crime, it is prudent to talk to a Pennsylvania DUI defense attorney about what measures you can take to protect your rights.

Facts of the Case

It is reported that the defendant was arrested and charged with DUI crimes on three separate occasions within the span of 13 months. He pleaded guilty in all three cases and was sentenced to an aggregate term of 69 months and 270 days to 192 months and 270 days, which included consecutive 90 day sentences for driving while his license was suspended. He filed a motion to reconsider, which was denied. He then appealed.

Demonstrating a DUI Sentence Constitutes an Abuse of Discretion

On appeal, the defendant argued that the trial court abused its discretion in issuing such a lengthy sentence. Before addressing the defendant’s specific challenges to his sentences, the court examined whether his sentences were lawful, noting that it had the authority to address illegal sentences on its own accord. Continue reading

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Generally, the Pennsylvania courts must abide by statutory guidelines when sentencing people convicted of DUI crimes. As such, sentences that exceed the maximum penalties under the guidelines may be deemed unlawful. The court can consider aggravating factors when issuing sentences, however, and in some cases, such factors could result in an increased penalty, as demonstrated in a recent ruling issued in a Pennsylvania DUI matter. If you are charged with a DUI offense, it is in your best interest to speak to a dedicated Pennsylvania DUI defense attorney to determine your rights.

Procedural History of the Case

It is reported that the defendant was arrested and charged with DUI, which was his first offense. He pleaded guilty, and in exchange, the Commonwealth withdrew several other criminal charges and recommended a sentence in the low-end of the standard range. During the defendant’s colloquy, the court noted that the offense was graded as a first-degree misdemeanor, which was not typical for a first offense DUI, due to the fact that there was a minor in the car at the time of the defendant’s arrest.

Allegedly, the court further explained that the defendant could face up to five years imprisonment. The defendant confirmed that he understood and admitted to the elements of the crime, including the fact that a child under the age of two was in his car when he was arrested. The court sentenced the defendant to three years imprisonment. He went through numerous rounds of appeals, arguing in part that his sentence was illegal because it exceeded the maximum penalty for first-time offenses under the statutory guidelines. Continue reading

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Under Pennsylvania law, anyone charged with a DUI has the right to be defended by competent counsel. While criminal defendants can waive the right to counsel, the waiver must be made after they are properly apprised of their rights. Otherwise, it may be invalid. What constitutes a valid waiver was discussed by a Pennsylvania court in a recent ruling in which a DUI defendant’s sentence was vacated due to the fact that he was not represented by an attorney during part of the proceedings. If you live in Pennsylvania and are charged with a DUI offense, it is advisable to speak to a dedicated Pennsylvania DUI attorney to discuss your rights.

The Alleged Offense and Subsequent Hearings

It is reported that the defendant was stopped by police due to suspicion of DUI. Following the stop, he was placed under arrest and transported to a hospital to undergo a blood test. He was charged with DUI highest rate of alcohol and DUI general impairment. The defendant, who was not represented by an attorney, filed a motion prior to trial in which he argued that the statements he made to police during the investigation and the results of his blood test should be suppressed. The court held a hearing on the matter but ultimately dismissed the defendant’s motion.

Allegedly, after the court dismissed the defendant’s motion, the defendant signed a waiver of counsel form. The form stated that the court conducted a colloquy with the defendant and determined that he had made an intelligent, knowing, and voluntary waiver of the right to be represented by an attorney. The defendant was found guilty and sentenced, after which he appealed, arguing the court erred in denying his motion to suppress.

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Under Pennsylvania law, if you are convicted of DUI have one or more prior DUI convictions, the law requires the courts to impose increased penalties. It is important to note, however, that only DUI convictions within the past ten years are considered when determining if a DUI defendant has prior convictions. Recently, the Supreme Court of Pennsylvania clarified when the ten year period begins to run, in a case in which the defendant appealed his conviction for a second DUI offense.  If you are currently charged with your second DUI offense, it is sensible to confer with an assertive Pennsylvania DUI defense attorney regarding your potential defenses.

Facts of the Case

It is reported that the defendant was arrested in June 2006 for a DUI. He was subsequently convicted in March 2007. He was stopped a second time in July 2016 after an officer observed him repeatedly traveling over the fog line while driving. He was arrested for suspicion of DUI, and a chemical blood test revealed his BAC to be 0.21%. He was then charged with DUI – highest rate of alcohol, which the Commonwealth deemed his second offense. He filed a motion to quash the information, arguing that the Commonwealth incorrectly deemed his charge as a second offense, due to the fact that his previous offense occurred more than ten years prior to his second arrest. The trial court rejected his argument, and the defendant was convicted, after which he appealed.

Calculating the Ten-Year Look-Back Period

The court noted that section (a) of the statute regarding prior offenses deemed a prior offense as a conviction, while section (b), which defined the timing of a prior offense, stated that the prior offense must have occurred within ten years of the date a defendant is sentenced for the second offense. The defendant argued that section (b) overrode section (a), and therefore the ten-year period begins to run on the date the prior offense was committed, not when the defendant was convicted for the prior offense.

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Although the seminal DUI case of Birchfield v. North Dakota was decided three years ago, courts continue to analyze its impact on DUI cases throughout the country, including in Pennsylvania. For example, the Supreme Court of Pennsylvania recently addressed the issue of whether the Birchfield ruling should be applied retroactively to vacate sentences handed down prior to the ruling. If you are a resident of Pennsylvania currently charged with a DUI offense, it is in your best interest to consult a diligent Pennsylvania DUI defense attorney to discuss your options.

The Defendant’s Conviction and Sentence

It is reported that the defendant was arrested and charged with DUI – general impairment in September 2015, which was his third DUI offense. The defendant entered an open guilty plea. He was subsequently sentenced to imprisonment for a term of 18 months to five years, which included a sentence enhancement due to his refusal to submit to a blood test to determine his BAC level. He did not file an appeal following his sentencing. In August 2016, however, following the Birchfield ruling, the defendant filed a petition for post-conviction relief, arguing that his sentence was illegal. His petition was dismissed, after which he appealed to the Superior Court of Pennsylvania. The Superior Court affirmed the lower court ruling, finding that Birchfield did not apply retroactively. The defendant then appealed to the Supreme Court of Pennsylvania.

Birchfield’s Impact on Sentences Issued Due to a Failure to Submit to a Blood Test

Generally, a new rule of criminal procedure does not apply to convictions that were final at the time the rule was developed. New substantive rules may be applied retroactively, however, as well as rules that are deemed watershed rules of criminal procedure. In other words, these are rules that involve the essential fairness and correctness of criminal matters. In contrast to substantive rules, procedural rules are intended to improve the accuracy of a sentence or conviction by modifying the manner in which a defendant’s guilt is determined.

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It is common knowledge that a criminal defendant cannot be convicted more than once for the same crime. Thus, if a criminal defendant is convicted for multiple crimes arising out of the same act it may constitute double jeopardy in violation of the State and Federal Constitutions. Recently, the Superior Court of Pennsylvania analyzed the issue of whether a sentence for multiple DUI convictions for the same instance of driving while intoxicated violated the defendant’s rights. If you live in Pennsylvania and are charged with a DUI it is crucial to engage an assertive Pennsylvania DUI defense attorney to assist you in protecting your rights.

Factual and Procedural Background of the Case

Reportedly, the defendant was charged with numerous crimes, including three counts of driving under the influence – general impairment. He pleaded guilty to all charges and was sentenced, in part, to six months of probation for the DUI charges. The defendant appealed, arguing that his sentence was illegal due to the fact that he was sentenced for three DUI convictions for one drunk driving incident, in contravention of Pennsylvania law.

Fifth Amendment Right Against Double Jeopardy

On appeal, the defendant argued that his three DUI convictions were almost identical, in that each charge alleged that he drove a vehicle after consuming a sufficient amount of alcohol to render him incapable of driving, operating, or controlling the vehicle safely. As such, he argued that his sentences for two of the convictions must be vacated because they violated the State and Federal Constitutions on double jeopardy grounds. Specifically, the defendant argued that his sentence must be vacated because he could not be subjected to multiple punishments for the same incident of driving under the influence.

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In any Pennsylvania DUI case, the Commonwealth bears the burden of presenting a prima facie case at the preliminary hearing that the defendant committed the crime alleged. In other words, the Commonwealth must show evidence of each element of the crime for the case to proceed. If the Commonwealth is unable to meet this burden, the charges against the defendant will be dismissed. The Superior Court of Pennsylvania recently analyzed what evidence the Commonwealth must produce to present a prima facie case of DUI general impairment, in a case in which the charges against the defendant were dismissed.  If you were recently charged with a Pennsylvania DUI despite a lack of direct evidence or you committed a crime, you should speak with an experienced Pennsylvania DUI defense attorney regarding your available defenses.

Facts Surrounding the Defendant’s Arrest and Subsequent Trial

Allegedly, in May 2016, the police observed the defendant driving with a suspended license at 3:00 am. She was allegedly driving 30 miles over the speed limit, failed to stop at red lights, and almost drove into a police vehicle. After she was stopped the arresting officer noticed that she had glassy, bloodshot, eyes and her speech was slurred. Additionally, the officer claimed that she smelled like alcohol and was unable to walk. She was subsequently arrested but refused to undergo chemical testing.

It is reported that the Commonwealth filed a criminal complaint against the defendant, alleging DUI – general impairment and driving with a suspended license. Further, the complaint alleged that the defendant refused chemical testing and that the Commonwealth would seek an enhanced sentence. A preliminary hearing was held, after which the court dismissed the refusal aspect of the DUI charge. The Commonwealth withdrew and refiled the charges with the refusal enhancement. A preliminary hearing was held, and the trial court found that the Commonwealth failed to show by a preponderance of the evidence that the defendant knowingly refused to submit to chemical testing, and therefore, the Commonwealth could not proceed with the enhanced sentence. The Commonwealth appealed.
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One of the protections afforded under both the Pennsylvania and United States Constitutions is the right against double jeopardy, which means an individual cannot be charged with or convicted of the same crime more than once. The Superior Court of Pennsylvania recently ruled that three DUI convictions for a single incident constituted a violation of the State and Federal Double Jeopardy Clauses, regardless of the fact that penalties were not imposed for two of the convictions. If you face DUI charges, you should consult an experienced Pennsylvania DUI attorney to advocate on your behalf and assist you in retaining your rights.

Facts Surrounding the Defendant’s Arrest

Reportedly, the defendant was charged with three separate counts of DUI arising out of a single incident; one count of general impairment and two counts of driving with a blood-alcohol level greater than .08% but below .10%.  Following a bench trial, the defendant was convicted of all of the DUI counts. She was also found guilty of reckless driving. The court imposed a sentence of 30 days of intermediate punishment and six months’ probation for the first DUI count, but the defendant was not assessed any penalties for the remaining counts.

The defendant filed a post-trial motion arguing that because all of her convictions stemmed from a single incident, they violated the protection against Double Jeopardy afforded by both the Federal and State Constitutions. The trial court denied her motions, after which the defendant appealed.

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