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... View 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.

What that all means... View More

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... View More

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... View More

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!

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,... View 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.

You can go to the PennDOT website and instantly get a "Restoration Rights Letter" which tells you what you need to do to get your PA license back. Try here: https://www.dmv.pa.gov/Information-Centers/Suspensions/Pages/Restore-Driving-Privilege.aspx

Best of luck to you.

First of all, I see that you're asking your question from Ft. Myers, FL. If your situation is, in fact, in Florida, I suggest you try asking your question to Florida lawyers -- not Pennsylvania lawyers. For argument's sake, however, I'll assume you're from Florida and asking... View More

You were probably arrested, and then let go after you were "processed" (i.e., fingerprinted) after you either submitted to chemical testing (usually blood or breath) or after you refused such tests. Often, you won't be formally charged until the results of chemical testing are... View More

Yes. The criminal law doesn't care about what you thought you knew, or even should've known. If you're driving while impaired by either alcohol, drugs (prescription or illegal), or a combination of both, you're guilty of DUI.

I believe it's a second-degree misdemeanor, which carries a maximum jail time of up to 2 years plus a fine. Off the top of my head, I'm not sure if there's a mandatory minimum jail term or fine. But it's a serious charge, so you should hire a good criminal defense attorney to be... View More

I believe it's a second-degree misdemeanor, which carries a maximum jail time of up to 2 years plus a fine. Off the top of my head, I'm not sure if there's a mandatory minimum jail term or fine. But it's a serious charge, so you should hire a good criminal defense attorney to... View More

Recognize that you're asking your "question" in a Pennsylvania forum, so I'll presume that you were cited in PA. If not, try asking your question in the New Jersey forum for help concerning New Jersey law.

I'll also presume that your question is, "How can the... View More

If this is your first DUI, I've got to think that your driver's license suspension was not a DUI-suspension. Extremely important distinction, because if you drive on a DUI-suspended license, it's an automatic 60 days in jail. If you drive *drunk* on a DUI-suspended license,... View More

Respectfully, this is not an easy question to answer. Dram Shop litigation is an area best explained by specialists. Essentially it is an advanced form of negligence where case and statute has held that drinking establishments can be held accountable for overserving clients. Your best bet would... View More

Typically, yes. It's called an OLL -- occupational limited license -- and allows you to drive only to and from work and school, and you need your employer and/or school to sign a PennDOT form. Some folks don't like to let their jobs know about a DUI, however, so it's not a great... View More

Initially, I see you're asking your question from Brooklyn, NY -- just making sure you realize you're posting your question in the Pennsylvania law section, because that's the answer you're going to get. Pennsylvania law.

Your ARD in Pennsylvania will almost certainly... View More

For purposes of ARD, yes, because it's been 10 years since your last one. Still, ARD is never guaranteed and anyone charged with DUI should hire a good lawyer to minimize the damage to both your criminal and driving records.

If you'd like to chat about your current charges, feel... View More

Generally two years -- but if fraud was involved in some way (like maybe giving a false name to cops?), then up to three years. Hope this helps.