Legal Question in DUI Law in Pennsylvania

DUI? What now?

My brother was stopped by State Troopers. They tested him, and his BAC was .21. This is first offense. What is the likelihood he will get jailtime?


Asked on 3/03/08, 2:10 pm

4 Answers from Attorneys

John Gibson John W. Gibson, Esquire

Re: DUI? What now?

Why does everyone skip to sentencing? Why did they stop him? Was the BAC from a breath or blood test? Who administered the test?

These are certainly tough cases to defend and I've never recommended turning down ARD that I can recall, but it is at least worth paying a lawyer to screen through the case for possible defenses, especially if you are in a County where there is no benefit to waiving a Preliminary Hearing.

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Answered on 3/04/08, 10:24 am
James Monaghan Law Office of James V. Monaghan

Re: DUI? What now?

If he has no other convictions in the past, he may be eligible for the ARD program which would avoid jail altogether. Contact me for assistance in getting into this program.

Jim

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Answered on 3/03/08, 2:15 pm
Mark Johns Mark Johns, Esquire

Re: DUI? What now?

He should be eligible for ARD. He would serve a period of probation, pay fines and costs, lose his license for 2 months, but would face no jail time. If he is not eligible he could be facing a mandatory 72 hours. He should contact an attorney. I offer free initial consultations.

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Answered on 3/03/08, 2:15 pm
Michael Berman Law Offices of Michael A. Berman

Re: DUI? What now?

DUI is now more strictly controlled in terms of sentencing. What county are we talking about?

Michael A. Berman, Esq.

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Answered on 3/03/08, 4:45 pm


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