Legal Question in DUI Law in Pennsylvania

Complicated interstate question

I have been convicted of a 2nd DUI. The first DUI happened in California in 1999 (under my California license). I recently recieved a 2nd DUI in PA (under my PA drivers license)last May. I refused to take the breathalizer on my second DUI so I have been bumped up to highest category facing a minimum of 90 days. The DA found out about the 1st DUI in California through my NCIC report. I am questioning if I go to trial will the DA look into my California driving record through the state of California? My BAC level was .15 in California which would not help me out in this case. I am wondering how far the DA's really dig into the prior offense if it is in another state.


Asked on 2/09/06, 11:26 am

2 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: Complicated interstate question

The blood alcohol level on the first offense does not matter for this one. Many county have home arrest/worjk release programs available. You should contact an attorney to discuss your case and if you have no defense, what kind of sentence you may receive. I offer free consultations.

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Answered on 2/09/06, 2:53 pm
Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: Complicated interstate question

The DA will pull your federal criminal history which more or less includes any offense that you have received across the country. Regardless, of what stage your case is currently in, you MUST RETAIN AN ATTORNEY or risk being taken advantage of by that of the District Attorney and the Police.

It's your future, choose wisely.

Sincerely,

Marc V. Taiani, Esquire

412.731.0865

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Answered on 2/09/06, 4:52 pm


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