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Pennsylvania DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Is it a normal action to get hit with an obstruction of Justice when someone refuses a blood test for alcohol
Ellis B. Klein
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Ellis B. Klein
answered on Feb 16, 2022

Depends on the county. Lately, if someone refuses even after a search warrant, some counties will charge this. Very recent development and only some counties are doing this. It is a minor offense and should not add additional jail time. You should get an attorney to represent you to get the best... Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Police took my license and said it’s suspended.

Doesn’t this have to go through penndot to be actively suspended and are the police allowed to just take my license.

Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2022

Go to a license office and see if they can look up your license. It may well have been suspended. If so they may take your license. There is no automatic suspension. What may have happened is you had an offense, the notice was sent to the address on the license, if that isn't your address you... Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: What will happen if you drive a car with no license after it being taken away from having a dui, with a child in the car

My son’s father got a DUI. Lost his license and was driving anyway. He got pulled over and got in trouble again. He wants to continue to drive with no license and pick our child up to bring him to his house. He is currently on probation.

Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2022

If he drives with a child in the car while intoxicated he could get child endangerment. If he has no license that would be likely to be child endangerment.

1 Answer | Asked in Cannabis & Marijuana Law, DUI / DWI and Criminal Law for Pennsylvania on
Q: Can you be arrested for marijuana DUI while not intoxicated?

My fiancé was arrested for his friend leaving a marijuana roach in his car. He has his medical marijuana license and wasn't aware his friend did that. The cops pulled him over for having a tail light out. The cop noticed the roach right away and told him he was impaired. Had him do a sobriety... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2022

The wait is for the blood work. He should request his license. There is no automatic suspension in Pennsylvania. They would have to show that the THC in his blood was sufficient for him to be intoxicated. If they press the charges he should have an attorney. By the way he shouldn't drive with... Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Is it possible to get ARD for a second DUI if I never got ARD the first dui?

Basically exactly what the question asks. My first DUI I was not eligible for ARD because of a rule the DA has.

Ellis B. Klein
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Ellis B. Klein
answered on Dec 15, 2021

No, it is not possible. ARD is for true first time offenders who have never been in trouble today in their lives. If you do have a prior record and if it is within 10 years you were looking at prison time which is mandatory and could be up to 90 days for a second offense

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Is it worth it to get a lawyer?

It’s a case for a second DUI but the county offers a pretty standard second offenders program, so is it worth it to even get a lawyer?

Ellis B. Klein
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Ellis B. Klein
answered on Dec 15, 2021

The answer is yes. Did you go to law school? If not and you represent yourself you will be expected to act as your own lawyer. You may have a defense. You may not, but a lawyer would know. If the state has a weak case and the case may be able to be plea bargained, but how would you know. In... Read more »

2 Answers | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: Are there any circumstances where a jail sentence may be changed or pardoned for serious medical issues
Peter N. Munsing
Peter N. Munsing
answered on Sep 28, 2021

you can ask for a pardon for any number of reasons, but it is very difficult and lengthy. There is no "automatic" pardon for a certain illness. As to getting a reduction in sentence I do not believe so. The best source would be the Pa. Civil Liberties Union prison rights project.

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1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: If you get a DUI while our on bail is that a violation? What if you don't report it to the court?

My ex was still on trial for assaulting me and I just found out during that time he got a DUI and never reported it

Peter N. Munsing
Peter N. Munsing
answered on Sep 28, 2021

Usually is. Reporting depends on the bail conditions. You should report it via the victim assistance coordinator at the DA's office or if you have an ADA assigned, report it to them.

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Will PA drivers license be suspended for Florida DUI conviction? Can I still drive in PA?

I was arrested for DUI in Florida on vacation. My BAC was the highest tier >.16 (I blew .20). I live in PA. The PA DMV website says first time DUI's out of state carry no license suspension in PA. Sounds too good to be true. Does anyone know for certain?

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 23, 2021

I do not practice in PA but even generally, it makes no sense for PA to forgive the first DUI elsewhere.

I strongly doubt that could be true. Ask a PA DUI counsel directly.

2 Answers | Asked in DUI / DWI for Pennsylvania on
Q: In the state of PA if a sober driver is pulled over while the passenger is under the influence, is the driver penalized?

In a situation where a police officer would pull a vehicle over in the incident of a passenger being under the influence, not the driver, would the driver receive penalities (DUI, Possesion, etc) even though the action is not on them AND the driver is sober through a FST (Field Sobriety Test)??

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

The driver isn't DUI because a passenger is.

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1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Is it legal for the prothonotary and clerk of courts to send me a bill after paying close to 2,000 in fines on a 1st dui

I told them I didn’t owe them anything and made payments for 4 years probation but they said they will lien my house if I don’t pay! Odd thing is, it’s Already paid because I thought I was paying on the same thing. Then I noticed the amount wasn’t going down and that when they said I owed... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

Talk to the lawyer that represented you. You should get receipts for what you paid. If you paid by check or credit card, get copies of all of those.

Your debt is to the county. The question is how many debts did you owe the county--if you owed 2 or 3 and only paid on one, you still owe....
Read more »

1 Answer | Asked in DUI / DWI and Civil Rights for Pennsylvania on
Q: I was wondering if you could get charged for refusing a blood test if you are not placed under arrest

What i am not understanding though, is when I asked the cop if he had a warrant for the blood test he reply was "I could get one but I don't feel like it" How can I be charged with something when I was not even placed under arrest? Also, when he said that he didn't feel like getting a warrant

Ellis B. Klein
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Ellis B. Klein
answered on Jul 24, 2021

You are definitely going to get charged. When you refuse the test there is an assumption that you were under the influence and you will be charged under the general impairment section of the DUI law. Additionally because he did not take the test the law says that your license will be suspended for... Read more »

1 Answer | Asked in DUI / DWI, Health Care Law and Medical Malpractice for Pennsylvania on
Q: Can a D&A treatment program legally require you to stop taking perscription medication?

I recievced a dui and had minimal amounts in my system at the time with zero record or history of abusing my medication. Perscription is Medical Marijuana for the last 2 years

Mr. Ryan L Hyde
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Mr. Ryan L Hyde
answered on Jun 16, 2021

Any trace of marijuana in your system makes it illegal to drive. It is a per se DUI. So while Marijuana is rapidly legalizing the DUI laws are showing no signs of changing in that regards. Can a treatment program force you to stop taking marijuana is another matter entirely. Typical attorney... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: Charged with 1543A in 2019. this year trying to charge me with 2nd 1543B from a DUI in '09& 1543B in 14'. How?

License currently suspended indefinitely for 1533D failure to respond to traffic citation for unpaid fines but they are trying to say its DUI suspended. How is that possible when I havent gotten any new DUI Charges and in 2019 i got pulled over and it wasn't dui suspended and i only received... Read more »

Ellis B. Klein
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Ellis B. Klein
answered on Mar 21, 2021

You need to get a lawyer immediately. The law says that if your license was suspended for a DUI it will always be suspended until and unless you get your license reinstated. It doesn’t matter if the DUI is one year old or 30 years old. If you never got your license back then you are looking at a... Read more »

2 Answers | Asked in DUI / DWI for Pennsylvania on
Q: I had a DUI back in 2006. I just received a fine in the mail stating that I was seen driving by a police officer.

I haven't drove at all. Now I'm looking at jail time. They said I'm dui suspended from 15yrs ago. Am I going to jail?

Ellis B. Klein
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Ellis B. Klein
answered on Feb 26, 2021

You need to get a lawyer asap. If your license was never restored after the DUI you are considered DUI suspended until you get your license back. if you are found guilty, there is mandatory imprisonment of 60-90 days in the county prison. You need to figure out how to get you license back asap.... Read more »

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1 Answer | Asked in DUI / DWI and Traffic Tickets for Pennsylvania on
Q: Driveing without a liscense, I was unaware of it what should I expect/do?

I have a summary trial coming up on the 29th for driving without a liscense. I wasn't aware that it had been revoked due to covid. I had received a notice before hand but nothing after confirming it was revoked. The citation also has the wrong model car on it. This is my first time dealing... Read more »

Timothy Kraeer
Timothy Kraeer
answered on Jan 20, 2021

You should do what you can ahead of your trial to have your licensing issue resolved. This offense carries only a fine, but a hefty fine of $200 plus court costs. Also, if you've been convicted of this same offense in the last 5 years, your license will be suspended for 6 months. If... Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: How do i deal with a second DUI while on probation and revoked ARD for first DUI ?

got a second DUI i crashed my vehicle with my 2 young children in rhe vehicle while on probation and in the ARD program but was revoked

Mr. Ryan L Hyde
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Mr. Ryan L Hyde
answered on Nov 1, 2020

You get an attorney ASAP. Having the two kids in the car is a serious aggravating factor. Being on ARD for the first is another. You are looking at mandatories in both cases. An attorney can help you check for defenses and try to minimize the time you actually spend in jail. They probably will... Read more »

1 Answer | Asked in DUI / DWI and Traffic Tickets for Pennsylvania on
Q: I got a ticket Driving with a Suspended License (DUI ) 1543 B but my license was suspended by 1543A ( Driving

Will the court throw it out because it was inaccurate ?

Ellis B. Klein
PREMIUM
Ellis B. Klein
answered on Jul 23, 2020

You need to retain a lawyer or at least consult with one. If you are wrong, there is mandatory jail time that ranges from 60 days to 6 months. If your license was ever suspended for DUI and if it was never restored then it is in fact a DUI suspension. The law says it is always going to be DUI... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and DUI / DWI for Pennsylvania on
Q: Did the police legally search my car?

I was pulled over tonight and the officer said he wanted to administer a sobriety test based on the fact that my pupils appeared to be dilated. I informed him I was taking prescription medication yet he gave me the test anyway, told me I didn’t “really” pass and said that was probable cause... Read more »

Mr. Ryan L Hyde
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Mr. Ryan L Hyde
answered on Jul 13, 2020

Here is the thing, prescription drugs can make you illegale to drive if you ate under the influence. Whether or not he had probable cause to believe you have controlled substances is certainly arguable. If you appeared impaired and admitted to taking medications one could certainly argue he had... Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Daughter was passenger in a car, they were stopped at a DUI checkpoint, there was open container in car,when asked by

officer she said it was hers, they only thing her and driver had to do was provide license, the officer took container and dumped it, and they were allowed to leave... She just got citation in mail, never recieved anything onsite.. can she fight it

Mr. Ryan L Hyde
PREMIUM
Mr. Ryan L Hyde
answered on Jul 13, 2020

Based on your description of the facts? Maybe. The fact that the officer did not issue the citation at the scene of the crime is not a defense. It is within their discretion to issue the citation up to 30 days after the date of the incident. If they didnt issue it within 30 days there is a... Read more »

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