Lawyers, Answer Questions  & Get Points Log In

Pennsylvania DUI / DWI Questions & Answers

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 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...
Read more »

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 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 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 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 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 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 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 »

View More Answers

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 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.

View More Answers

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 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...
Read more »

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 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 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 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...
Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on

Q: criminal charges (DUI) in two counties; time served counted for second county concurrent with first count?

Does the time served count for all charges or does each county count separately? Time is overlapped

Cary B. Hall answered on Dec 16, 2018

No idea. It depends on your particular case(s), whether there was bail set in the second county before or after the first charges, etc.

A criminal defense attorney is going to have to sit down and compare the paperwork and dockets in both cases to answer your question. Your best bet is...
Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on

Q: Can you be charged with a DUI if you're stopped by police and it's discovered you were smoking pot,

or do DUIs just cover alcohol consumption?

Ellis B. Klein answered on Dec 6, 2018

No, DUI covers alcohol and/or drugs. PA is a zero tolerance state which means that if any amount is found in your blood, no matter when you smoked, it will be considered a DUI. If convicted, you are looking at a mandatory minimum 3 day jail sentence plus a one year license suspension. You should... Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on

Q: What happens if you get caught drunk driving after your license was suspended?

Cary B. Hall answered on Nov 23, 2018

You have a second DUI case brought against you with accelerating penalties. You'll also most likely get a citation for driving drunk on a DUI-suspended license, and that carries with it a mandatory 90 days in jail -- although a good attorney can often avoid this.

What that all means is...
Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on

Q: What would the pentalty be looking like? Pennsylvania.

Information Filed 09/05/2017 Not Final

1 / Int Poss Contr Subst By Per Not Reg Proceed to Court M 35 § 780-113 §§ A16

2 / DUI: Controlled Substance - Combination

Alcohol/Drugs - 1st Offense

Proceed to Court M1 75 § 3802 §§ D3*

3 / Depositing Waste... Read more »

Mr. Ryan L Hyde answered on Oct 26, 2018

There is not enough information to tell you what the penalty would look like because sentencing decisions are personal to the defendant. That being said there are some pretty serious things on this information. The most alarming is buried down deep is a third offense DUI. DUIs in general carry... Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on

Q: I was charge with DUI and reckless driving, turn signal light out. When to court the Judge withdrew the DUI charges

I plead guilty to the reckless driving and turn signal. He gave me 6 mos suspension on driving with the reckless driving. But when i went to the DMV to turn in my license I was told that my license will be suspended for 18 months for the DUI even if the Judge withdrew the charges but I still get a... Read more »

Mr. Ryan L Hyde answered on Oct 20, 2018

Double jeopardy is the concept that you cant be tried twice for the same charge. This means that when you win a trial the CW cant retry you for the same thing. As always, there are exceptions.

Your situation does not appear in anyway to be jeopardy related. Your aituation is confuaing...
Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on

Q: I was convicted of two DUIs. They are counting my Ard as 3. Can I do anything about it?

Cary B. Hall answered on Oct 14, 2018

No, unfortunately not -- unless you can convince the DA not to "count" it, for some reason. Have your attorney give it a shot, although it would admittedly be a hail-mary long shot!

1 Answer | Asked in DUI / DWI for Pennsylvania on

Q: Can a criminal restitution be turned into a civil judgement?

If you were convicted of a DUI in Doylestown, PA, and sentenced to probation/parole, is this possible? My friend would like the restitution portion civil because he is unable to pay in the time allotted.

Cary B. Hall answered on Oct 9, 2018

No, but I'm sure he would. Having the restitution as part of his criminal parole/probation is certainly effective, isn't it? It makes failure to pay it a violation of your probation, so it will be paid or he'll be re-sentenced (and probably to jail). Unfortunately for your friend, it's the only... Read more »

1 Answer | Asked in DUI / DWI for Pennsylvania on

Q: Am I eligible for ARD if I had a prior DUI in Tennessee in 2002?

Cary B. Hall answered on Oct 1, 2018

If you've had no other criminal convictions during the past 10 years, then you should be eligible - but every jurisdiction in PA is a little different, so the best I can give you is a "should" here. Best of luck to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.