What number DUI is it?

Filed under: Criminal Law, DUI, News Tags: by Liz @ October 28, 2009

The Pennsylvania Supreme Court issued an extremely important opinion on October 23, 2009 in the matter of CW v. Haag, which is attached to this blog.  Most people realize that with second and subsequent DUI’s, the sentences and penalties increase.  But what happens when you get popped with two DUI’s in a very short time?  Will they both be considered first offenses?  Will one be considered a second offense?  Until Haag, that question was up in the air!  We now have the answer… drum roll… a second DUI will NOT be considered a second DUI unless and until there is a conviction in the first one.  For example, let’s say you get pulled over tonight  (World Series game one, so anything is possible!) and get charged with a DUI.  You make the same mistake next week, and get another DUI.  Which one is a first offense?  The good news pursuant to Haag is that both can be considered first offenses!

So, what if you recently plead guilty to a second offense DUI but it really wasn’t one under the new case?  Depending on how recently you plead guilty, we may be able to help you withdraw that plea and re-negotiate.

As always, feel free to call a Montgomery County PA DUI Lawyer at Fairlie and Lippy to discuss your DUI.

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