Legal Question in DUI Law in Pennsylvania

2nd DUI in 10 years, 1st in NJ, current in PA

My brother was sited for DUI about 9 years ago in NJ. He recently was cited again in PA and this one involved an accident as well. Noone was injured and after being held in jail for about 24 hours, he was released on his own cognizance. Would this still be treated as his 2nd offense even though it was in a different state. I'm guessing so, just wondering what kind of penalties he could be facing, etc.....would he have to pay the NJ surcharge even though he got the DUI in PA? Any other pertinent information would be appreciated too. Thanks!


Asked on 1/06/08, 11:36 pm

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: 2nd DUI in 10 years, 1st in NJ, current in PA

New Jersey, where it has reciprocity with another state, will impose the same driving suspension as it would if the offense had occurred in New Jersey. The offense has to be an offense which exists in New Jersey. For example, New York State has drunk driving and impaired driving. Impaired driving in New York requires only an .05 reading. New Jersey does not have impaired driving and requires a .08 reading for dwi and therefore does not impose any driving suspension in New Jersey for New Jersey drivers found guilty of impaired driving in New York. What was the Pennsylvania breathalyzer reading and what was the charge exactly?

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 1/07/08, 12:14 am


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