For a second DUI (Driving Under the Influence) refusal conviction, in Pennsylvania, what is the maximum? I heard there is a new update on this issue from the Pennsylvania Supreme Court–is that true?
You are correct. There is a new case on DUI maximums in Pennsylvania.
In Commonwealth v. Musau, the Pennsylvania Supreme Court acknowledged that a problem existed with sentencing in DUI cases in Pennsylvania. The case originated from criminal court in Philadelphia.
In DUIs that are first or second convictions, the maximum is six months of incarceration. For DUIs that are third or later convictions, the maximum is five years in jail. However, under the refusal section of the statute, the wording said that if the conviction is a second DUI and it is a refusal, the maximum is five years of incarceration. Obviously, the two parts of the statute don’t work together.
In Musau, the Supreme Court ruled that all second DUIs have a maximum of six months of incarceration and that the section on second DUIs from a refusal giving the defendant a sentence of 90 days to 5 years is an illegal sentence.