Legal Question in DUI Law in Pennsylvania
Driving while license is suspended
my license has been suspended for a dui(my first)I am in the ARD program and have been following the conditions of no driving,however my ride to work got sick so i drove to work and was on my way home when i was pulled over by the police.My question is does the judge have any leeway in sentencing or are loss of license and jail time mandatory. Thank you
1 Answer from Attorneys
Re: Driving while license is suspended
Dear Sir or Madam:
You may face several problems as a result of this recent arrest. First, you may be taken off the ARD program. This could result in you being sentenced for the first DUI. A first DUI conviction results in a mandatory 48 hours and up to 30 days in jail. In addition your license will be suspended for a period of one year.
The penalty for driving while your license is suspended for alcohol related reasons is a mandatory 90 days in jail and an additional one year license suspension.
While the jail time may be unavoidable where you serve this time may may be negotiable.
As opposed to serving time in jail you may be able to do the time in an ARC house or other half way house facility which allows you to leave from approximately 6am to 6 pm daily. In some cases house arrest is a possibility.
I would recommend retaining a lawyer in this matter in order to assist you in getting the best possible deal.
I practice law in the Greater Pittsburgh area.
Let me know if I may be of assistance.
Very truly yours,
Patrick W. Carothers
Sherrard, German & Kelly, PC
412-355-0200 X6744
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