Legal Question in Criminal Law in Pennsylvania

"i got a dui in 2009 i took ARD classes i just got my 2nd one on 4/17/12 MY BAC was .232 is this going to be my 1st or 2nd off"


Asked on 4/27/12, 5:47 pm

1 Answer from Attorneys

Justin Gearty Law Office of Justin C Gearty Jr

This will be considered a second offense. You must go ten years without getting a DUI for a new DUI to be considered a first offense again, even if you did the ARD program for the first one.

I would highly suggest that you retain an attorney right away. A second offense with a BAC carries a mandatory minimum sentence of 90 days. An attorney can see if there are any surpression issues, or take the case to trial if you have a valid defense, or if a guilty plea is the best choice, your attorney may be able to argue for house arrest or work release instead of incarceration.

If you are in the central PA area, please feel free to contact my office.

Justin C. Gearty Jr., Esquire

Ph: 717-490-6325

Email: [email protected]

Website: www.GeartyLawOffices.com

DISCLAIMER; This post is for educational purposes only and does not create an attorney-client relationship and is not meant to be a substitute for a thorough in person consultation with an attorney in your area.

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Answered on 4/27/12, 7:19 pm


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