This is the section of the new DUI law that is now in effect:
“§ 3803(b)(4.1) An individual who violates section 3802(a)(1) [general impairment] where the individual refused testing of breath or chemical testing pursuant to a valid search warrant, court order or any other basis permissible by the Constitution of the United States and the Constitution of Pennsylvania, OR who violates section 3802(c) [related to highest rate of alcohol] OR (d) [related to controlled substances] commits (i) A felony of the third degree if the individual has two prior offenses. (ii) A felony of the second degree if the individual has three or more prior offenses.”
The difference in the new DUI law is that it increases the grading of a DUI when someone has three or more prior offenses. Increasing the grading means that, if convicted, the penalties are harsher. The grading has increased from a third-degree felony to a second-degree felony. So, now the maximum term of imprisonment for a third DUI is 10 years of incarceration. That is an increase of three years.
As the new law makes clear, a DUI can have major consequences. If you have any questions about a DUI, call the DUI Defense Team at Bononi & Company, P.C., today at 724-832-2499. We give free consultations for DUIs and can speak with you in person at our Greensburg office, Latrobe office, or Johnstown office.