Legal Question in DUI Law in Pennsylvania
dui question
if my brother had a dui in 1996 and not commeted until 1998 and they got a dui in 2007 is thishis first or second dui
Asked on 10/03/07, 8:35 pm
1 Answer from Attorneys
Douglas Sughrue
Attorneys Crosby & Sughrue
Re: dui question
Today's analysis goes from the date of conviction on the first DUI and the offense date of teh second. If they are within ten years of each other, then the second dui will b econsidered his 2nd for mandatory minimum sentences purposes. Regardless, a judge can still sentence him more than the mandatory minimum because he does have 2 in his life time. AS long as the sentence is less than or equal to the statutory maximum permitted, the judge would be within his discretion.
Answered on 10/05/07, 5:25 pm