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Pennsylvania DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: I received a 2nd Dui general impairment did 5 days in jail paid $2500.00, driving school, assessment, and community

Service. Why does my letter say 18 months

I turned my license in early May of 2018

But I'm eligible to get them back May of 2020

Why 18 months and why 2 years

It should have been 12 months suspension which should be done and over

Cary B. Hall
Cary B. Hall answered on Oct 2, 2019

Your PennDOT Restoration Rights Letter should tell you all about your suspensions and when you're eligible to have your driving privileges restored. A 2nd DUI carries an 18 month license suspension. Perhaps you had an additional suspension for something else for another 6 months? Check the... Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: hunting for free lawer for dui charge first time
Cary B. Hall
Cary B. Hall answered on Sep 28, 2019

Contact the Public Defender's Office in the county in which you were arrested.

Best of luck to you.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: So I received a DUI first time ever in May of 2017. I completed everything except my driving class I had scheduled but

Scheduled but scheduled for after my probation end date. Went to trial was placed on another 12 months probation. I think is ridiculous completed my classes. Still on probation 2 months left. Never have been drug the entire time. I was assaulted 2 week's by my boyfriend had to go to ER for... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Sep 9, 2019

Hard for anyone to answer the fairness question. Who knows, maybe? To the rest of it if you left them a bunch of messages you should be fine. You may want to consult with a local attorney. It is unusual they would supervise you in a different county for exactly this reason. Talk with an... Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: I got my second and 3rd dui 10 days apart in April 2009. The judge said he has running them together as 1.

What is my charge then. Will they both be off my record now! finnbug01@icloud.com

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Sep 4, 2019

You probably should talk to your attorney about this. He could mean a lot of things. He could mean he is running the sentences concurrently. He could mean he is running them both as second offense DUIs. He could mean a lot of things. Chances are they will both be on your record, and chances... Read more »

2 Answers | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: My live in relative was charged with Marijuana possession.. First offense. He did have a DUI over a decade ago.

Worried he will be sentenced to jail time. I have medical issues and he is my caretaker. He does have legal representation. Court date in September though I don't know the exact date.

Cary B. Hall
Cary B. Hall answered on Aug 29, 2019

I can't imagine there'd be any jail time unless he's currently on probation right now. If his only criminal record is a DUI more than 10 years ago, then he wouldn't be on probation for that.

From what you're telling me, I say no jail time. If the threat is there, however, the fact that he...
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1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: How long do convictions for DUI stay on someone's record and is it possible to have them removed or purged.

The convictions are over 10 years old.

Cary B. Hall
Cary B. Hall answered on Aug 16, 2019

It depends on whether it's a first offense, or a second, third, fourth, etc. You wouldn't be eligible for expungement, but it's possible that your DUI criminal conviction could be "sealed" under PA's recently enacted Clean Slate Act. At the very least, all fines/costs must be satisfied first, and... Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: I was convicted of dui in feb of this year at first they said this would be my second but later said 3rd 1 in Va

Does dui in Va count in Pa ? I was offered 10 days in jail and twenty house arrest but could not accept because of medical conditions later they said wait it’s three we found one in Va and gave me 6 months house arrest seems fishy to me

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jul 27, 2019

Yes a VA DUI would count if it was within the 10 year window. A lot of times they dont pull out of state drivers abstracts unless they prep the case for trial. You should talk to your attorney if you have questions about what happened.

1 Answer | Asked in DUI / DWI and Traffic Tickets for Pennsylvania on
Q: Why did I get 2 suspensions? Am I still eligible for ILL?

I had a DUI back in December I am in the ARD program and plan to apply for the interlock limited license. Why did I receive 2 license suspensions from the DMV? One of the letters said suspended for 1 year for driving while suspended 1543A. The other is the 2 month ARD program suspension. Does this... Read more »

Cary B. Hall
Cary B. Hall answered on Jun 21, 2019

Yes, it sounds like you have two suspensions - and PennDOT runs them consecutively, not concurrently (meaning 1 year + 2 months = 14 months suspension for you). Best way to confirm is to get your Restoration Rights Letter online at https://www.dot3e.penndot.gov/driver_services/dllogin.jsp. You... Read more »

1 Answer | Asked in DUI / DWI and Traffic Tickets for Pennsylvania on
Q: Can the officer who pulled me waive the jail time for driving while DUI suspension? He assured me?
Cary B. Hall
Cary B. Hall answered on Jun 4, 2019

Yes and no. The charge of driving while DUI-suspended (1543(b)) caries a mandatory jail time of 60 days -- or 90 days if you're caught driving with any amount of alcohol in your system. The judge can't change that, and the cop can't change that.

The cop, however, has the discretion to...
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1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: I am looking for a lawyer to defend me in my DUI, driving w/o a license and registration, possible probation violation.

I cannot afford an attorney and I have not worked for 2 years due to several operations (Ulcerative colitis, hernia, pouchitis) . I have Crohns disease and cannot afford obtain the medication I need. Due to my offenses I am told I will have to go to jail for at least 30 days which I could not... Read more »

Cary B. Hall
Cary B. Hall answered on May 28, 2019

Contact the Montgomery County Public Defender's Office ASAP - 610-278-3295.

Best of luck to you.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: This is my first dui in PA cop said he has yet to se anyone go to jail over frist offense should i beleve him?

Did he have to have a warrent or read me my rights? I dident go to jail just hospital and police station. That a good sign?

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Apr 8, 2019

If he has truly never seen someone go to jail on a first offense DUI he is either very young or very inexperienced. I should suspect he was not being totally truthful with you. Most DUI's have mandatory jail associated with them. If this is your first run in with the law you should be eligible... Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Does a 3rd DUI offense automatically result in jail time when all evidence is circumstantial?

If I don’t qualify for public defender but cannot afford a lawyer, what options are available (I.e. pro bono, etc)?

Cary B. Hall
Cary B. Hall answered on Apr 3, 2019

A 3rd DUI conviction in Pennsylvania will result in mandatory jail time of between 10 days and one year (depending on the subsection you're charged with). House arrest may be an option in some jurisdictions as well, and time spent in in-patient drug treatment facilities might also count.... Read more »

1 Answer | Asked in DUI / DWI and Traffic Tickets for Pennsylvania on
Q: What are the chances of getting a charge of Int poss contr substance by per not reg dismissed or reduced?

Being held in prison for traffic tickets and the possession charge. Has a detainer from Berks county for probation violation.

Peter N. Munsing
Peter N. Munsing answered on Mar 18, 2019

Depends on the circumstances. Looks like some serious issues, worth getting a consultation from an attorney.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: i pleaded guilty to first time DUI but was told i wouldn't loose my license at sentencing now pen dot is trying to take

i was told i wouldn't loose it at sentencing now they want to take it it was written that i wouldn't on my sentence how can i get that and prove it . this was almost 2 yrs ago and there just trying to take it now.

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Mar 8, 2019

Unfortunately what you were told by the court doesn't matter. The court doesn't decide suspensions PennDot does. It happens more often than people think that they are poorly advised. What did your attorney tell you when you were sentenced? Your first and best place to start is with the attorney... Read more »

4 Answers | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: can I fight a pending DUI that the police didn't observe me driving and don't know when I ingested the drugs?

I wasn't in the car, the keys weren't in the car, the car wasn't even warm when they got there about an hour after the call was made. I consented to the blood test.

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Mar 8, 2019

Can you fight it? Sure. PA has a pretty tough DUI law. However, they do have to prove that you were under the influence when you were driving. Their observations are unimportant as if they can say you were impaired when you driving through third party testimony they can still convict you.... Read more »

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2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Pennsylvania on
Q: What are the chances of getting a charge of Int poss contr substance by per not reg dismissed or reduced?

Being held in prison for traffic tickets and the possession charge. Has a detainer from Berks county for probation violation.

Jonathon Luff
Jonathon Luff answered on Mar 5, 2019

it depends but you need to contact a lawyer right away. If you have a detainer you need to hire an experienced lawyer to help you through this.

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1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: I was in an accident, taken to hospital. State police came with me, but left and said I'd get something in the mail.

Alcohol was involved, but was not arrested and no citations, as well as no report given to me.

Cary B. Hall
Cary B. Hall answered on Feb 17, 2019

They very likely got a copy of your medical records which would indicate the level of alcohol in your blood. If you were over the legal limit, expect to get a summons in the mail directing you to appear at a preliminary hearing for DUI charges.

If you're in southeastern PA and would like...
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1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: 4 duis in 8 months. All occurred prior to the 1st being sentenced.

My husband received 4 duis in a matter 8 months. One in Nov 2017, one Dec 2017, one June 2018 and the last in July 2018. He was sentenced for the first two in August 2018 to 45 days house arrest and one year ipp. Those two were considered his 1st and 2nd duis. He is now going to court for the last... Read more »

Cary B. Hall
Cary B. Hall answered on Feb 16, 2019

Due to a law change a few years back, his 3rd and 4th DUIs will *not* be considered 1st offenses.

Your husband needs to hire a good criminal defense attorney, and now. He's in trouble, and DUIs have escalating penalties the more you rack up with mandatory minimum sentences. Best of luck...
Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: I accepted ARD for DUI they gave me a back up non jury trail date am I obligated to attend even though I’m in ard still
Cary B. Hall
Cary B. Hall answered on Jan 21, 2019

You should contact your attorney/public defender to let them know about the scheduling issue. Often, the trial judge isn't aware that you were accepted into the ARD program, so someone needs to tell him/her.

Best of luck to you.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: PA, DUI Question

Before probation I completed 8 drug and alcohol classes at PC's. I was discharged unsuccessfully because I owed 120 dollars and was 30 dollars short to pay. for this I was discharged for financial reasons. These classes needed to be completed before I was moved on to ARD. My first day on probation... Read more »

Cary B. Hall
Cary B. Hall answered on Jan 16, 2019

And your question is?

Do your best and deal with things if you can't get the classes completed by February 9th . . . but do everything you can to complete them, and document your conversation with probation (like emails instead of, or in addition to phone calls, etc.). You can also reach...
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