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.
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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.
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 »
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 »
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.
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 »
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.
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