The state high court issued a ruling stating that a man stopped for suspicion of driving under the influence in Pennsylvania twice on one night cannot be sentenced as a repeat offender.
The defendant was stopped for suspicion of impaired driving at around 11:45pm and booked for DUI in PA after registering a blood alcohol content of .16%. About 90 minutes after being released to the custody of his wife, the defendant was arrested for DUI a second time. His BAC at the time of the second traffic stop was .146%.
Prosecutors filed charges relevant to second offense DUI in Pennsylvania. The Supreme Court, however, found that the defendant must be convicted of the first violation before having elevated charges filed against him for a second offense.
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