Man arrested for tenth drunk driving offense, treated as first
Pittsburgh DUI Lawyer
As a Pennsylvania DUI attorney, I’m very familiar with the variances in laws when comparing a first-time DUI to multiple DUI arrests. PennDoT treats multiple offenses with serious consequences. BAC levels even work on a three-tier system now. Here in PA, if someone is arrested for more than two drunk driving charges and has a BAC between .08% and .099%, they can lose their license for 12 months, spend between ten days and two years in jail, and be fined up to $5000. People who are busted for drunk driving for a third time who have a BAC between .10% and .159% may have to spend as long as five years in jail and pay up to $10,000 in fines. However, there are instances, such as the one I am about to discuss, where people with multiple DUIs do not have to face such austere consequences for their DUI arrest.
In eastern PA, in the town of Horsham, a small suburb just north of Philadelphia, a man was arrested for this tenth DUI. You might be thinking: “10 DUIs, he must be serving many years in jail…how is he still able to drive?” In fact, the man was sentenced to only a few months in jail. His short jail sentence is due to something in Pennsylvania known as the “Look Back” policy.
Look Back Policy
The Look Back policy mandates that if a person is not arrested for a DUI within ten years, if and when they are arrested for drunk driving again, it will only be treated as a first DUI offense. In this case, the man in question was arrested for his last DUI more than ten years ago, and is therefore not subject to any repeat offender penalties. Of course, the judge did sentence him to the maximum fine and jail time allowed by law for a first time offender with his BAC, but the Look Back regulation certainly saved him from a potential long prison sentence.
Call Gary E. Gerson for a free consultation
We hope this blog has been informative and interesting at the very least. If you have any questions about driving under the influence or multiple DUI charges, call the Law Offices of Gary E. Gerson at 412-219-6875 .