3rd Time within 10 years
Is there a mandatory incarceration for a 3rd DUI within the 10 year period? (9 years) and can it be reduced to a less serious offense if the BAT was a .2 that involved a one car accident with no personal injury?
Asked on 11/26/02, 9:34 pm
1 Answer from Attorneys
Eric Dirga
Eric J. Dirga, PA
Re: 3rd Time within 10 years
QUESTION: Is there a mandatory incarceration for a 3rd DUI within the 10
year period? YES, 30 DAYS. And can it be reduced to a less serious
offense if the BAT was a .2 that involved a one car accident
with no personal injury? IT CAN ALWAYS BE REDUCED BY THE STATE ATTORNEY'S OFFICE. CONVINCING THEM OF THAT IS THE PROBLEM. WITH A BLOW OVER A .2 AND PROPERTY DAMAGE IT CAN BE "ENHANCED" MEANING YOU ARE LOOKING AT MORE THAN 30 DAYS IF CONVICTED.
Answered on 11/27/02, 1:03 pm