10 year thing

[rannrob]

What is the name of your state? pa .
i had a dui 9 1/2 years ago, they told me to be good for 7 years which i was. now got a 2 nd dui after new law has changed where they can go back to 10 years. i don t think that is right they sentence me as 2 nd dui . i beleive the 10 years should go in effect for people getting dui s the year they pass the new law. i feel i should be (charged as a 2nd dui on record) but not senteced . the judge should of sentence me as a 1 st offender as i did not change the law, i did 9 1/2 years allready. i feel that is unjustified they add another 3 years to my 1 st dui sentence.

 

[Bravo8]

Well, they didn't add any more time to your original sentence. They simply changed the law so that a DUI conviction counts against you as a prior offense up to 10 years.

I don't see the problem with it.

You seem to imply that it's ok to get arrested for DUI again after the 7 or 10 years. It's not. If it were up to me, there would be no time limit. A prior offense would be a prior offense, regardless of how far in the past. You obviously didn't learn the first time.

 

[rannrob]

ther is a big diffence in the sentencing guide line on a 2 dui !!!

FIRST OFFENSE (NO PRIOR PA DUI OFFENSES WITHIN THE LAST 10 YEARS)

BAC is .08 to .099. This is an ungraded misdemeanor with a 6 month maximum probation and a $300.00 fine. Required CRN, AHSS and possible D&A. There is no loss of license and no jail time with this particular category.

BAC is .10 to .159. This is an ungraded misdemeanor with a mandatory 48 hour imprisonment up to a possible 6 months and a $500.00 to $5,000.00 fine. Required CRN, AHSS and possible D&A. The license suspension is 12 months. However there is a possibility to get an Occupational Limited License (OLL) after serving a hard 2 month suspension.

BAC is .16 or higher or refusal to give a blood or breath sample. This is ungraded misdemeanor with a mandatory 72 hour imprisonment up to a possible 6 months and a $1,000.00 to $5,000.00 fine. Required CRN, AHSS and mandatory full D&A. The license suspension is 12 months. Also possibility for OLL after serving hard 2 months suspension.

SECOND OFFENSES

BAC is .08 to .099. This is an ungraded misdemeanor with a mandatory 5 days imprisonment 6 month maximum jail sentence and a $300.00 to $2,500.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.

BAC is .10 to .159. This is ungraded misdemeanor with a mandatory 30 days imprisonment 6 month maximum jail sentence and a $750.00 to $5,000.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.

BAC is .16 or higher or a refusal. This is graded as a misdemeanor of the First Degree with a mandatory 90 days imprisonment 5 year maximum jail sentence and a $ 1,500.00 to $10,000.00 fine. The license suspension is for 12 months. Required CRN, AHSS, D&A and Ignition Interlock for 12 months.

 

[Happy Trails]

If you had gotten a 2nd DUI under the old law then you would have been sentenced with those conditions.

Since you were arrested for DUI under the new law, you get sentenced under the conditions of the new law.

 

[rannrob]

Well, they didn't add any more time to your original sentence. They simply changed the law so that a DUI conviction counts against you as a prior offense up to 10 years.

I don't see the problem with it.

You seem to imply that it's ok to get arrested for DUI again after the 7 or 10 years. It's not. If it were up to me, there would be no time limit. A prior offense would be a prior offense, regardless of how far in the past. You obviously didn't learn the first time.[/QUOTE

YOU ARE PERFECT I SUPPOSE

 

[topsites]

What is the name of your state? pa .
i had a dui 9 1/2 years ago, they told me to be good for 7 years which i was. now got a 2 nd dui after new law has changed where they can go back to 10 years. i don t think that is right they sentence me as 2 nd dui . i beleive the 10 years should go in effect for people getting dui s the year they pass the new law. i feel i should be (charged as a 2nd dui on record) but not senteced . the judge should of sentence me as a 1 st offender as i did not change the law, i did 9 1/2 years allready. i feel that is unjustified they add another 3 years to my 1 st dui sentence.

Perhaps with an attorney you could argue a 'grandfather clause' considering you got your 1st offense before the new law went into effect, it is a possibility they might reduce your 2nd to a 1st, dunno...
Peace
Pascal

 

[Alchohol_Free]

2nd DUI Likely

Since it was 91/2 years since your first DUI, you may be able to negotiate something in your favor. But, you have something working against you.

If you get a DUI, it's presumed you've been driving under the infleuence for years and finally got caught. So, the presumption is going to be that you've been driving for years under the infleuence whether it be right or wrong. That will work against you.

Enroll yourself in a State certified DUI treament program as soon as possible. Taking the initiative makes you look good.

 

[Bravo8]

I deal with the DUI law every day, no need for the uninitiated to explain it to me.

Anyway, you said they added more time to your original sentence. THEY DID NOT. The sentence for your original DUI was completed long ago....it's not as if they added some more probation time or alcohol classes to your sentence from years ago.

While no one is perfect, DUI is not a mistake or an accident. You were arrested for it almost 10 years ago, and never learned your lesson.

If you want to argue with me, then at least have the decency to use some intelligence.