Kaja – Out of the Blue – Part 3

Pennsylvania’s DUI law prohibits driving or being in actual physical control of a vehicle while:
•having a blood alcohol concentration (BAC) of .08% or more
•having any amount of a Schedule I or II controlled substance in the body, or
•impaired by drugs or alcohol to an extent that it affects the person’s ability to operate a vehicle safely.

Generally, a driver is deemed to have violated the law if a chemical test conducted within two hours of driving shows a BAC that’s above the legal limit. (Get an estimate of how many drinks it takes to put you at .08%.)

The consequences of a DUI conviction depend on the circumstances, including whether the motorist has prior DUI convictions. This article covers second-offense penalties. (Read more about Pennsylvania’s DUI laws, including first-offense and third-offense consequences.)

(75 Pa. Stat. and Cons. Stat. Ann. § 3802 (2017).)

What Is Considered a “Second-Offense” DUI

In Pennsylvania, a DUI is considered a “second offense” if the motorist has one prior DUI conviction that occurred within the past ten years—including most out-of-state DUI convictions.

(75 Pa. Stat. and Cons. Stat. Ann. § 3806 (2017).)

Penalties for a Second DUI

The consequences of a second DUI conviction—which can be the result of a plea bargain or being found guilty after a trial—differ depending on the facts of the case. But generally, the possible penalties include:
•DUI based on impairment or a BAC of at least .08% but less than .1%. A second DUI conviction where the driver was convicted based on impairment or having a BAC of .08% or more but less than .1% is a misdemeanor. A convicted driver is looking at $300 to $2,500 in fines, five days to six months in jail, and a 12-month license suspension. The motorist will also have to complete an alcohol safety class and may be required to participate in substance abuse treatment.
•Impairment DUIs involving injuries, death, or property damage and DUIs involving BAC of at least .1% but less than .16%. A second DUI conviction where the driver was convicted based on impairment and someone was injured or killed or another’s property was damaged or the driver had a BAC of .1% or more but less than .16% is a misdemeanor. The convicted driver is looking at 30 days to six months in jail, $750 to $5,000 in fines, and a 12-month license suspension. The motorist will also have to complete an alcohol safety class and may be required to participate in substance abuse treatment. (Also, read about Pennsylvania’s homicide-by-vehicle laws.)
•Impairment DUIs involving a refusal to take a breath test and DUIs involving BAC of at least .16% or controlled substances. A second DUI conviction where the driver was convicted based on impairment and refused to take a breath test or the driver had a BAC of at least .16% or any concentration of a controlled substance is a first-degree misdemeanor. The convicted driver is looking at 90 days to five years in jail, at least $1,500 in fines, and an 18-month license suspension. The motorist will also have to complete an alcohol safety class and may be required to participate in substance abuse treatment.
DUIs with a minor passenger. A second offender who’s caught driving under the influence with a passenger who is under 18 years old is guilty of a first-degree misdemeanor. In addition to the penalties mentioned above, the convicted motorist is looking at least $2,500 in fines and one to six months in jail. The driver also faces an 18-month license suspension.

So they basically threw the book at Kaja to teach her a serious lesson.

Starting August 25, 2017, anyone convicted of a second DUI must have an ignition interlock device (IID) installed to obtain a restricted license during the suspension period.

(18 Pa. Stat. and Cons. Stat. Ann. § 1104 (2017); 75 Pa. Stat. and Cons. Stat. Ann. § 3802, 3803, 3804, 3805 (2017); Commonwealth v. Giron, 155 A.3d 635, 638 (2017).)

 

Thank you for reading my blog. Please read, like, comment, and most of all follow Phicklephilly. I publish Monday through Friday at 8am & 12pm EST.

Instagram: @phicklephilly Facebook: phicklephilly

 

Author: phicklephilly

Copyright © 2016 by Phicklephilly All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law. All stories and characters are based on real people and events. The names and images have been changed to protect their privacy. Comment Rules: Remember what Fonzie was like? Cool. That’s how we’re gonna be — cool. Critical is fine, but if you’re rude, we’ll delete your stuff. Please do not put your URL in the comment text and please use your PERSONAL name or initials and not your business name, as the latter comes off like spam. Have fun and thanks for adding to the conversation!”

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s