My question is can I plead that down since I wasn't impaired? And also I have a public defender in the process of getting one. How do I go about pleading a second DUI down. I will be in the process of getting my real estate license if that helps any?
If this is your second DUI within the last 10 years, you are looking at a mandatory 90 day jail sentence plus additional obligations. I doubt that there will be any basis for the District Attorney to lower the tier of punishment. The Publc Defender will do what they can to control what happens to you.
I agree with Attorney Keller's response to your question and wish only to point out the following. While it is possible to have a measurable amount of alcohol in your system based upon analysis of breath, blood, or urine and successfully defend on the basis that you were not impaired, the law doesn't tolerate/differentiate among levels of controlled substances. Marijuana present as metabolites only bring you into violation of the statute. The statute tolerates no amount of a controlled substance or its metabolites. Engaging the services of a qualified criminal defense attorney who is experienced with DUI defense is your best move at this point.
There are so many variables to your question. The basis answer is that a 2 nd offense, controlled substance DUI in Pa requires 90 days jail as the mandatory minimum, with a maximum parole period of 5 years. Is your DUI in Franklin County?
As an attorney with 10 years of experience in Franklin County, Pa, 8 of which were as an Assistant District Attorney, I'd like to discuss what led to your police encounter and what sentencing options are available to us.
Please contact me at
Bret Alison Palmer Beynon
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