Legal Question in DUI Law in Pennsylvania

DUI, reckless driving

My son was arrested on Nov 29 for a DUI, and reckless driving. No Field sobriety test was given because the arresting officer was by himself and the road conditions where bad on the night in question. It took them almost 2 hours to get him to a police station for a breathalyzer and he blew a .180.

We went to district court today and was advised by the magistrate to have an attorney represent him, and gave him a week to get representation.

I am wondering if he will face any jail time at this point.

I have called an attorney, but he hasn't returned my call yet either.


Asked on 1/28/09, 10:26 pm

2 Answers from Attorneys
Daniel Cevallos Cevallos & Wong, LLP

Re: DUI, reckless driving

There are some very interesting issues involved with this case--one is that two hours between driving and breath test raises the issue of whether he could have possibly had a high bac at the time he was arrested. Give our offices a call.

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Answered on 1/29/09, 3:15 am
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: DUI, reckless driving

PA law is that the BAC reading can be taken up to 2 hours after driving.

How many prior DUIs does your son have? If this is his first, and he has no other prior criminal record, he is likely eligible for the ARD program for first time offenders, where the punishments are much less (no jail time, shorter license suspension). If, however, he has priors, then he would face some jail time. So---what are his priors? In what county was he arrested?

He needs an attorney either way. Feel free to email me if you want to talk further. The answers to the above questions are important for you to answer in order to an attorney to answer your questions.

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Answered on 1/29/09, 8:12 am


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