SUPERIOR COURT OF PENNSYLVANIA ORDERS RESENTENCING ON DOUBLE JEOPARDY GROUNDS FOR WOMAN CONVICTED OF DRIVING UNDER THE INFLUENCE

Attorney Noel appealed her client’s sentence following her convictions for three counts of driving under the influence and related summary violations of the Motor Vehicle Code.  The Commonwealth charged Attorney Noel’s client with three counts of DUI – DUI-general impairment, DUI-general impairment and refusing breath/blood alcohol testing, DUI-general impairment where an accident resulting in damage to a vehicle occurred – all based on a single instance of drunk driving.

On appeal, Attorney Noel argued that the trial court violated the prohibition on double jeopardy by convicting and sentencing her client on three separate DUI offenses stemming from a single episode of criminal conduct where the refusal and accident enhancements are merely sentencing factors, not separate crimes.  Attorney Noel further argued that the three separate convictions posed significant collateral consequences, including unwarranted enhancement of her client’s prior record score (or prior DUI offense history) in subsequent criminal proceedings and unjustified impediments to restoration of her driving privileges.

In a published opinion, the Superior Court adopted Attorney Noel’s arguments point by point, vacated two of her client’s DUI convictions and remanded for appropriate resentencing on one count of DUI.  The Superior Court also provided guidance to District Attorneys Offices statewide that charging schemes such as the ones used in the present case were constitutionally infirm and must be rectified.