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Law Ends DUI Loophole

On Behalf of | Dec 29, 2014 | DUI Sentencing |

Beginning December 25, 2014, a new law in Pennsylvania took effect that closes a loophole in the DUI sentencing law.

Prior to the new law (Act 189 of 2014, passed October 27, 2014, and took effect December 25, 2014), a person could get stopped twice for DUI in the same night and the Courts would consider each of those DUI offense to be a first offense. This was important because the length of incarceration for DUI sentencing was dependent upon whether this was your first, second, or third DUI within the previous ten years.  The law has been this way for as long as I can remember and has been upheld by the Pennsylvania Supreme Court.

Now, the law has been changed by the Pennsylvania legislature and it does not matter whether you have been sentenced for a DUI or not.  The change came as a result of the tragic death of a young boy at the hands of a drunk driver.  If you were to get charged with a DUI offense, and then get charged with a second DUI offense before you are sentenced on the first DUI offense, you will be facing increased mandatory minimum sentences for your second DUI offense, assuming you are guilty of the DUI offenses.

Now, more than ever, you need the best DUI attorney fighting for you. If you have been charged with a DUI offense in Centre, Clearfield, Clinton, Huntingdon, Lycoming or Mifflin Counties, call the Law Office of Lance T. Marshall to fight your DUI offense.