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Pennsylvania DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law and DUI / DWI for Pennsylvania on
Q: Is early termination of probation or probation transfer to a different state possible for DUI conviction in PA

(Currently low-risk Phone Reporting Probation for +2years)

what is the process and is it difficult?

what is the cost of either process?

rate of successful applicants

Is there a time frame it takes to get an answer if application or process is accepted?

Reid DeChant
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answered on Nov 16, 2023

I would suggest discussing this with your probation officer or probation department, as every county and probation department handles these differently.

In Colorado, for example, most probation departments are supervising first DUI convictions with low risk remotely by phone. A second or...
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1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Possible for early probation termination with DUI conviction?
Reid DeChant
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answered on Nov 16, 2023

Every court will have different procedures on whether or not these requests are granted, but generally speaking, yes you can apply to terminate your probation early. Once you have completed all of the required conditions, assuming you did not have any complaints or issues while on probation, you... View More

1 Answer | Asked in DUI / DWI, Civil Litigation, Civil Rights and Small Claims for Pennsylvania on
Q: Licence Suspension 18month turned 3+yrs.Judge ruled due 2 Clerical Error.I suffered financial&health damage.What to Do?

Bucks County Clerk of Courts makes error turns my suspension from 18 months to 3+ year suspension failed to verify jail time w/ Penndot despite me completing everything & probation. I purchased used car,insurance,interlock,inspection etc. Denied Licence went back & forth over 2 months w/... View More

James L. Arrasmith
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answered on Feb 1, 2024

Given the circumstances you described, it may be possible to pursue legal action for the losses and damages you have incurred due to the clerical error and the extended license suspension. To do so, you should consider the following steps:

1. Consult an Attorney: Reach out to an attorney...
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1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: I just got a dui and have no prior alcohol offenses. I am on State parole in Pa.and I have 2 months left.

I am checking into a rehab very soon

Ellis B. Klein
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Ellis B. Klein
answered on Jan 23, 2024

Getting treatment is always good for you and for the case. You should get a lawyer asap as you have to report the new arrest to parole and you could be facing serving a jail sentence for the violation. Good luck

1 Answer | Asked in DUI / DWI and Traffic Tickets for Pennsylvania on
Q: Why didn’t the officer charge this person with a DUI?

I witnessed an intoxicated person driving last night who ended up causing property damage. Officer found this person at their residence and only issued a citation. Why didn’t the officer arrest this person? I was an eye witness to the whole incident and there was property damage. Those two things... View More

T. Augustus Claus
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answered on Jul 10, 2023

It's possible that the officer did not have sufficient evidence to establish intoxication at the time of the encounter, or they may have chosen to issue a citation instead of making an arrest based on their discretion and department policies. Keep in mind that law enforcement decisions can... View More

1 Answer | Asked in DUI / DWI for Pennsylvania on
Q: Is it against the law to unbuckle your seat belt while in handcuffs in the back of police car

Arrested for dui

T. Augustus Claus
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answered on Jul 7, 2023

Unbuckling your seat belt while in handcuffs inside a police car could be seen as a violation of their instructions and may potentially result in additional charges or consequences.

1 Answer | Asked in Bankruptcy, Criminal Law, Divorce and DUI / DWI for Pennsylvania on
Q: I don't have a lot of money and I want to file bankruptcy what can I do

I receive allimony from my x husband. However I started out in the negative when he left me after 22 years of marriage and now I have a ton of credit card bills that are all suing me . On top of it I am in the process of getting a dui charg and my life has fallen apart. I am trying to get it back... View More

Timothy Denison
Timothy Denison
answered on Apr 22, 2023

Have a competent bankruptcy attorney review your situation snd help you make the best decision as how to proceed.

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... View 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... View 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... View 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... View 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... View 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... View 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....
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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... View 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

Ryan L Hyde
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... View More

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