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What are the penalties for a second DUI in Philadelphia?


There are many different social occasions that people attend during the holiday season. There are parties for work and social organizations, and families also get together in celebration of the season. It is generally a festive time when alcohol is involved. Alcohol can sometimes make the party a little more fun and help people get through some potentially awkward situations. However, it can also lead to regretful decisions or allegations of criminal wrongdoing.

This could happen when an individual is accused of driving under the influence. If a person is accused of driving under the influence, they could be charged with a DUI and potentially face the severe penalties that accompany a conviction. These penalties can be harsh even for a first time DUI, but they are even more painful when convicted for a second offense.

For a second DUI conviction, the penalties are based on the person's blood alcohol concentration (BAC) at the time of arrest. If the person's BAC was between .08 and .10 percent, then he or she could face a 12-month license suspension, anywhere from five days to six months in jail, a minimum of a $300 fine, one year of mandatory use of an ignition interlock device, and other penalties. If the convicted individual's BAC was between .10 and .16 percent, then it could mean a 12-month license suspension, 30 days to six months in jail, a minimum $750 fine, a year of mandatory ignition interlock device use, and other penalties. Finally, if an individual's BAC is found to be .16 percent or higher, then that individual may face an 18-month license suspension, 90 days to five years in jail, a minimum of a $1,500 fine, and one year of mandatory ignition interlock device usage.

As one can see from the punishments above, receiving a second DUI conviction in Philadelphia can result in serious consequences. However, simply being charged does not mean that a person is automatically guilty. There may be defenses available to an accused individual, meaning he or she may be able to avoid the penalties that may come with a conviction. These defenses are oftentimes fact specific, though, so it is important to understand them in order to best protect one's rights.

Source: Pennsylvania Department of Transportation, ".08 DUI Legislation" accessed on Dec. 12, 2016

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