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Luzerne County Multiple DUIs Lawyers

Luzerne County Multiple DUIs LawyersLuzerne County Multiple DUIs Lawyers

Multiple Offense DUI Charges Attorneys in Kingston, PA, Represent Clients Charged With Drunk Driving in Luzerne County, Lackawanna County, Columbia County, and Throughout Northeastern Pennsylvania

Multiple drunk driving offenses can result in more significant penalties in Pennsylvania. If you have been charged with a second, third, or additional offense of driving under the influence, you could be facing years of imprisonment, plus other penalties. There’s no time to waste. You should speak to knowledgeable Luzerne County multiple DUIs lawyers, like the Muckler Law, LLC, team, as soon as possible.

We know how isolating it can be to fight multiple offenses for drunk driving, but you don’t have to go through this legal journey alone. Contact us today for a free, confidential consultation.

Multiple DUI Charges in Luzerne County, PA

A DUI charge in Pennsylvania is a serious legal matter, but even more serious are multiple offenses.

Chapter 38 of the Pennsylvania Vehicle Code, Title 75, concerns offenses of driving after imbibing alcohol or utilizing drugs. Under statute 75 Pa.C.S. Section 3802, driving is prohibited after consuming either a “sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle” or any amount of controlled substances that interfere with their ability to drive safely.

Driving after having consumed this amount of alcohol constitutes “general impairment.” PA law also recognizes more severe violations of “high rate of alcohol” (with a blood or breath concentration between 0.10% and 0.16%) and the “highest rate of alcohol” (with an alcohol concentration of 0.16% or higher).

The blood alcohol content level is one factor that affects the penalties you could face for alleged drunk driving in Luzerne County or elsewhere in Pennsylvania. Another important factor is whether you have prior DUI offenses. Due to the impact of prior offenses on the potential penalties you could be facing, retaining an experienced multiple DUI lawyer is the most sensible path forward.

Areas Our Luzerne County Multiple DUIs Lawyers Serve

With founder and lead attorney Matthew T. Muckler’s experience serving as Assistant District Attorney in Luzerne County, the law firm of Muckler Law, LLC, is fully prepared to represent you in this complex legal matter. From our Market Street office location in Kingston, PA, we serve areas such as:

Our reach extends beyond the county limits. We can also assist you if you have been charged with multiple DUIs in Lackawanna County, Columbia County, or anywhere in Northeast Pennsylvania.

What Is Considered a Multiple DUI Offender?

Someone is considered a DUI multiple offender if they have a history of prior offense(s) of either drunk driving or driving under the influence of controlled substances.

Under this statute of Pennsylvania law, these violations must generally occur within 10 years of each other or on or after the date of sentencing to constitute a prior offense. A violation of this statute may still constitute a prior offense even if you received two or more DUI sentences on the same day.

A drunk driving incident may be considered a prior offense if you were:

  • Found guilty at trial and had a jail term or other sentence imposed on you based on this judgment
  • Adjudicated delinquent by a court
  • Accepted into an Accelerated Rehabilitative Disposition (ARD) program in Luzerne County or elsewhere in PA or another type of preliminary disposition program in another jurisdiction

Importantly, convictions, court rulings, preliminary disposition programs, and other penalties matter in determining prior offenses for drunk driving. Multiple DUI arrests, in and of themselves, may not. If you were arrested for driving under the influence of alcohol or controlled substances but not charged or if your charges were dropped (not constituting one of the circumstances described above), that incident may not count as a prior offense under PA law. Our Luzerne County multiple DUIs lawyers can review the specifics of your situation and help you understand how any previous arrests or charges affect your current circumstances.

Penalties for Multiple DUIs in Pennsylvania

What happens when you get multiple DUIs? If convicted, you could receive more severe sentences because of your history of prior driving under the influence offenses. People accused of repeat offenses are denied the leniency that is sometimes granted to first-time offenders.

Statute 75 Pa.C.S. Section 3804 of Pennsylvania law establishes the following penalties for DUI offenses based on blood alcohol level and record of prior offenses. For all levels of DUI convictions in Pennsylvania, you also have to attend an approved alcohol highway safety school and comply with any alcohol or drug treatment requirements imposed on you.

First Offenses of Driving Under the Influence in PA

As you will see, the penalties for multiple DUI offenders are noticeably harsher than those for first-time offenders.

First-time offenders convicted of DUI in Pennsylvania typically don’t serve jail time unless their blood alcohol level at the time of the incident is considerably high. Those whose offense constitutes general impairment are fined $300 and subjected to a minimum of six months’ mandatory probation.

For first-time offenders with a high rate of blood alcohol, as well as those accused of driving commercial vehicles or school vehicles (including buses) while impaired and those involved in DUI accidents, the penalties are steeper. The fine can range from $500 to $5,000. At this level of blood alcohol, a term of imprisonment, lasting at least 48 consecutive hours, applies. Additionally, a 12-month license suspension may apply.

A first-time offender accused of driving with the highest blood alcohol level or under the influence of controlled substances will be fined between $1,000 and $5,000 and serve a prison term of at least 72 consecutive hours. This offense can also result in a 12-month license suspension.

What Happens If You Get Two DUIs?

With just one prior DUI offense, a charge that constitutes general impairment could send you to prison for a minimum of five days and cost you between $300 and $2,500 in fines. You could also lose your license for 12 months.

A second DUI offense with a high rate of blood alcohol, an accident, commercial or school vehicle involvement, or the involvement of minors will result in a prison term of at least 30 days. The fine for this offense ranges from $750 to $5,000. Again, a 12-month license suspension applies.

Having the highest rate of blood alcohol or being under the influence of controlled substances results in second-time offenders spending at least 90 days in prison and paying at least $1,500 in fines. This offense can also result in an 18-month license suspension.

What Happens If You Get Three (or More) DUIs?

If you’re on your third DUI offense, the consequences get even more serious.

Even for general impairment, a third or subsequent offense means a minimum of 10 days in prison and a fine of $500 to $5,000. A 12- month license suspension also applies.

A third offense with a high rate of blood alcohol or involving accidents, commercial or school vehicles, or minors will send you to jail for at least 90 days and result in a fine between $1,500 and $10,000. If a fourth or subsequent such offense occurs, the penalty is at least one year in prison and a fine of $1,500 to $10,000. Third and subsequent offenses result in 18-month license suspensions.

For third and subsequent DUIs with the highest blood alcohol level and impairment due to controlled substances, a conviction will result in at least one year in prison and a fine of at least $2,500, as well as an 18-month license suspension.

The more extensive your criminal record and history of DUIs, the greater your need for seasoned Luzerne County multiple DUIs lawyers and the skillful defense strategy they can craft for you.

Contact the Luzerne County Multiple DUIs Lawyers at Muckler Law, LLC, Today for a Free Consultation

With DUI charges against you and a history of prior offenses, you are facing considerable legal trouble. Mandatory minimum prison sentences for subsequent offenses mean that if convicted, you will face jail time. You could also be fined thousands of dollars.

One way to improve the chances of a more favorable outcome is to have an experienced attorney representing you this time. For help from a Kingston, PA, defense attorney with extensive experience in DUI multiple offense laws, contact Muckler Law, LLC, online or call 570-908-4069 today.

Multiple DUIs Frequently Asked Questions (FAQS)

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