New DUI Ruling in Pennsylvania Reduces Penalties for Second DUI | Ketchel Law - Criminal Defense

New DUI Ruling in Pennsylvania Reduces Penalties for Second DUI

Superior Court of Pennsylvania Ruling to Upend Consequences of DUI Cases in Pennsylvania

Pennsylvania DUI Law—FelonyOn May 20, 2020, the Superior Court of Pennsylvania filed an opinion in the DUI cases of Commonwealth of PA v. Igor Chichkin and Commonwealth of PA v. Lisa Roche that will have drastic consequences on DUI cases throughout the state of Pennsylvania.

In their Opinion, the Superior Court holds that acceptance of the Accelerated Rehabilitative Disposition (ARD) program in a Driving Under the Influence (DUI) case cannot be considered a prior offense for DUI sentencing purposes.

The Court held that doing so would offend the Due Process Clause and is unconstitutional.

What this means if charged with DUI or recently plead guilty to DUI

First, if you have previously entered and completed ARD for a first DUI offense, and are now charged with another DUI offense, it should be considered a first offense. This is important because penalties for a second DUI offense are much more harsh than for a first DUI conviction.

It also means that there may be post-conviction actions that can be taken on your behalf to reduce the penalty if you recently plead guilty to a second offense DUI. In other words, if you were convicted of a second DUI offense in Pennsylvania, you may be able to have your sentence reduced.

Other recent changes to PA DUI laws have been made, as well—a third DUI may now result in felony charges.

If you were recently charged with DUI in PA or if you already have been convicted on a first offense or second offense DUI charge, you should contact an experienced DUI attorney in PA as soon as possible for a free case evaluation.

OUR NUMBER ONE GOAL: GETTING YOUR DUI CHARGES DISMISSED.

CALL KETCHEL LAW TODAY: 412-456-1221 FOR A FREE CONSULTATION

Pennsylvania Counties May Differ in Applying New Ruling

As this opinion was recently filed on May 20, 2020, there is still a lot of uncertainty about how District Attorneys from different counties will handle the ruling. Some counties may no longer offer ARD to first DUI offenders.

If you have recently been charged or convicted of a DUI, you should speak with an experienced attorney at Ketchel Law as soon as possible to discuss what is in your best interest now that the law has changed.

Although you may have been facing a “second-offense DUI,” an attorney with experience in DUI cases may be able to use this new ruling to have your case treated as a first offense.

How a DUI Lawyer in Pennsylvania Can Help

Attorney Ketchel’s extensive experience as a former public defender, and in private practice, gives him a distinct advantage when handling DUI cases. We understand what you are going through and will tirelessly fight on your behalf to ensure that your arrest has a minimal impact on every aspect of your life.

If you were charged with DUI in PennsylvaniaJustin Ketchel can help build a strong defense for your case and keep fines and sentencing to a minimum.

The first step is to get a free legal consultation from an experienced and successful DUI Lawyer in Pennsylvania, like Attorney Justin Ketchel.

OUR NUMBER ONE GOAL: HAVING YOUR DUI CHARGES DISMISSED.

CALL KETCHEL LAW TODAY: 412-456-1221 FOR A FREE CONSULTATION

For more information and to better understand Pennsylvania DUI Laws, visit the following pages: