As a Delaware County man recently became all too recently aware, an individual who is arrested in Pennsylvania for a third or subsequent DUI offense faces enhanced penalties if convicted. Therefore, it is especially crucial that an individual who has prior DUI convictions obtain the assistance of an experienced Pennsylvania lawyer when facing new DUI charges.
The Philadelphia Daily News reported that Peter Mantey was driving his pickup truck in Darby on May 19 when he rammed into a car at Lansdowne Avenue and Garrett Road at about 6:30 p.m. The car was being driven by a 25-year-old man and also contained three young children. At the scene of the collision, Mantey exited his vehicle and told the other driver to follow him to a less-congested area where they could discuss the incident and exchange relevant contact information.
The driver began to follow Mantey, who then did not stop and proceeded on his way. After police were notified of the situation, officers were able to stop Mantey at Marshall Road and Clearbrook Avenue. Mantey failed a field sobriety test after he was stopped, and officers also discovered open bottles of Yuengling beer and Jagermeister liquor in the front seat of the man’s pickup truck. Upon his arrest, police discovered that Mantey had no valid driver’s license, no valid insurance coverage, and had three prior DUI convictions.
As a result of his arrest, Mantey has been charged with multiple offenses, including DUI, operating a motor vehicle without insurance, and driving without a driver’s license. Since Mantey has multiple prior DUI convictions, he will face more serious penalties than if he were charged with his first DUI offense. Under Pennsylvania law, the number of your prior DUI convictions, as well as your blood alcohol content (BAC) level at the time of your arrest, have a direct bearing on the penalties that you will receive if again convicted of DUI.
A person who has more than one prior DUI conviction faces either a second-degree or first-degree misdemeanor, depending on his or her BAC level:
- If the person’s BAC level is between .08 and .099 percent, the offense is a 2nd-degree misdemeanor, which dictates a penalty of incarceration for a period ranging from ten days to 2 years, as well as a driver’s license suspension for 12 months and a fine ranging from $500 to $5000.
- If the person’s BAC level is between .10 and .159 percent, the offense is a 1st-degree misdemeanor, which carries a penalty of incarceration for a period ranging from one to five years, as well as a driver’s license suspension for 18 months and a fine ranging from $1,500 and $10,000.
- IF the person’s BAC level is in excess of .16 percent, the offense also is a 1st-degree misdemeanor.
In this particular case, the consequences of a fourth DUI conviction can be quite severe under Pennsylvania law. As a result, it is essential that the accused retain the services of a skilled and knowledgeable DUI attorney, such as you will find at The Law Offices of Steven E. Kellis. Contact our office today to schedule a free and personal consultation with Mr. Kellis, and learn what you can do to avoid or lessen the penalties of a subsequent DUI conviction.