Repeat DUI offenses in Pennsylvania carry increasingly severe penalties, and mandatory sentencing laws limit judicial discretion in imposing penalties. A recent Pennsylvania decision in which the court upheld a sentence for a third DUI highlights the strict statutory mandates governing DUI sentencing and serves as a reminder that prior convictions can significantly impact future penalties. If you are facing DUI charges, understanding the potential consequences is essential, and consulting a skilled Pennsylvania DUI attorney can help you navigate your case effectively.
Case History
It is reported that the defendant pleaded guilty to DUI – controlled substance and driving with a suspended license. The trial court sentenced the defendant to one to seven years in a state correctional facility, marking the defendant’s third DUI conviction. Additionally, the court imposed a mandatory $1,000 fine for driving on a suspended license.
Allegedly, because this was the defendant’s third DUI conviction, the law required that the sentence run consecutively to the sentence the defendant was already serving for a prior DUI conviction. The defendant was previously sentenced to a five-year probationary term, which was set to expire in 2027. The trial court ruled that the new sentence could not begin until the defendant had completed the probationary period from the prior conviction.
The defendant reportedly appealed the ruling, arguing that the court lacked the authority to impose a sentence that would not begin for an indeterminate period of time and that the statutory mandate conflicted with the Pennsylvania Rules of Civil Procedure, which require a clear commencement date for a sentence of incarceration.
Sentencing in Repeat DUI Cases
On appeal, the court reviewed the legality of the sentence rather than its discretionary aspects. In doing so, it emphasized that Pennsylvania law grants trial courts the discretion to order sentences to run either concurrently or consecutively, but in cases involving repeat DUI offenders, § 3804(c.2) removes that discretion and requires that the sentence for a third DUI offense run consecutively to any other sentence the defendant is serving.
The court examined the language of Rule 705, which requires sentencing courts to specify a commencement date for incarceration. The defendant argued that because his probationary sentence did not have a fixed end date, the trial court’s ruling created unconstitutional uncertainty about when his new sentence would begin. However, the appellate court held that Rule 705 must be read in conjunction with the statutory mandate in § 3804(c.2) and that the legislature’s use of the word “shall” in the statute made it clear that the consecutive sentencing requirement was not discretionary.
The court rejected the defendant’s argument that he was entitled to a specific start date for his new sentence. Instead, the court ruled that when a new sentence must be served consecutively to an existing sentence, the beginning of the new sentence is necessarily dependent on the completion of the prior sentence. Because the law required the defendant’s DUI sentence to be served after his probationary term ended, the trial court had properly followed the statutory mandate.
The court ultimately affirmed the trial court’s ruling, holding that the defendant’s sentence was legally imposed and did not violate any procedural rules.
Consult a Skilled Pennsylvania DUI Defense Attorney
DUI convictions in Pennsylvania carry serious penalties, particularly for repeat offenders. Sentencing laws are complex, and understanding how mandatory minimums and consecutive sentencing rules apply is critical when facing DUI charges. If you have been charged with DUI, it is important to speak with an attorney who can assess your case and develop a strategy to protect your rights. Attorney Zachary B. Cooper is a skilled Pennsylvania DUI defense lawyer with extensive experience handling DUI cases, and if you hire him, he can provide the legal guidance you need. To schedule a confidential consultation, contact Mr. Cooper via the online form or call (215) 542-0800.