Legal Question in DUI Law in Pennsylvania

I got a dui in PA on 5-12-11. They took me too the hospital because I was unresponsive when they found my sleeping in my car. I had drank a 1/2 bottle so I was .25 when tested, They just sent me the paperwork stating the charges as follows:

S75 3802 DUI Highest rte of alc (Bac .16+) 1st offense

And 2 others both saying 1st offense. The question I have is I've had 2 other dui's in the past in PA. The first was in 1998 and I think I got ARD. The 2nd was in 2003. Wouldn't they chages reflect my previous dui's? Especially since they had almost 2 weeks to check before sending these new charges? I would think instead of S75 3802 would be 3803 2nd dui or something.

Any help would greatly help my sleep.


Asked on 5/26/11, 8:49 pm

3 Answers from Attorneys
SAUL SEGAN SAUL H SEGAN ATTY AT LAW

You need a lawyer like you never needed one before..

I can answer your question with more information, co call me at no charge at 215-732-4000. I do go to Easton-Bethlehem area.

Best wishes,

SAUL H. SEGAN

www.saulhsegan.com is website

[email protected] is e mail

Cell phone is 215 370-2608

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Answered on 5/27/11, 4:27 am
Ellis Klein Young, Klein & Associates

Even thought the charges reflect a first offense, it will be amended when the DA checks you rap sheet. There is a 10 year look back period so if this is your second in 10 years you would be looking at a minimum 90 days in jail. You should retain an attorney as soon as possible to investigate any defenses. Depending on what county you are charged in, House Arrest may be an option, which would permit you to work. I am a former Senior Deputy District Attorney and my firm has handled over 4,000 DUI cases over the last 17 years. Please call me for a free consultation at 215-639-5297. We have offices in Lehigh, Bucks and Montgomery counties.

Best of luck

Ellis Klein, Esquire

www.ykacrim.com

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Answered on 5/27/11, 4:33 am
Daniel Cevallos Cevallos & Wong, LLP

You definitely need to talk to an attorney. There may be an "operation" element here that the state may not be able to prove.

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Answered on 5/27/11, 7:11 am


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