Legal Question in DUI Law in Pennsylvania

Re: 3rd DUi while 2nd still pending

If you are found guilty it would be sentenced like a second dui as yuou had not been convicted of your second on the date of the offense. A refusal is evidence that you were intoxicated. Unless you have witnesses or video which shows you behaving normally you are probably going to lose at trial . I offer free consultations.

Re: 3rd DUi while 2nd still pending

Well, you did so many things wrong here, so let's start at the beginning.

First of all, don't disagree with the cop at the scene as to why he pulled you over. Let him/her do what they are going to do, and be quiet. You can challenge it later.

PA law involves the alcohol content of blood or breath within TWO HOURS of driving. Therefore, your complaint that you hadn't been behind the wheel for over an hour is irrelevant.

What you did do was REFUSE to take the test. The refusal puts your punishment for this into the highest of the three possible tiers under PA law for punishment. If you had taken the test, then perhaps your BAC would have been in a lower tier or perhaps you could have challenged it on some other issue, but the refusal removes most challenges.

Now, all the police have to show is that you were drinking and as a result you were incapable of safe driving in order to subject you to the highest possible punishment under the law.

Basically, probably your only chance now is to challenge the reason for the stop in the first place.

My advice: Stop trying to out-think the police, particularly when you're drunk.

On the bright side, this will be sentenced as a 2nd DUI, since you haven't been convicted of the other 2nd one yet.