Effective December 26, 2014 the new version of 75 Pa.C.S.A 3806(b) has been amended to state that calculation of prior offenses shall include any conviction, "whether or not judgment of sentence has been imposed for the violation." Before this new amendment, an individual could commit multiple DUI offenses in a short period of time, and have them sentenced together with all being considered
1st DUI offenses. This new amendment changes everything.
However, the amendment also has the potential to have far more severe and unintended consequences. For example, let's say a Defendant has three 1st offense
DUI charges within the span of a month, and enters a plea on all three at the same time, and is sentenced on all three at the same time. A literal interpretation of the law would indicate that
all 3 offenses be treated as 3rd offenses. Depending on the DUI subsections violated, this could mean as much as a mandatory minimum of a year on each offense!
This is a staggering difference in penalty from 3 1st time offenses. However, since the law has just went into effect, the court has yet to fully determine how the statute will be interpreted when challenged on appeal.
This potentially has the unintended effect of incentivizing delaying plea dates for subsequent offenses until after sentencing on previous offenses, contrary to current common practice.
Obviously anyone dealing with multiple DUI offenses needs an Attorney with the ability to understand the finer points of the new law. You need an attorney you can count that has experience not only in Criminal Law, but with a strong, experienced focus on the specifics of DUI law as well. Frank Walker, is a talented, experienced professional who can navigate the murky waters of the changing DUI laws.
Call him today at 412-532-6805 for a consultation! Don't Delay! Remember when it comes to a serious charge like DUI, every second counts!
Attorney Frank Walker of Frank Walker Law is a National Top 100
Criminal Defense Lawyer and
Personal Injury Attorney with offices in
Pittsburgh Pennsylvania and
Morgantown West Virginia. Attorney Walker is also a member of the
National College for DUI Defense and qualified as a
Pennsylvania Death Penalty Defense Attorney.
If you or someone you love are facing criminal charges or seriously injured in an accident in WV or
PA, contact Attorney Frank Walker immediately at 412-532-6805,
24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.