Legal Question in DUI Law in Pennsylvania

Third DUI in 8 yrs
My brother had 2 DUI's 8 yrs ago. They were 3 months apart. He lost his liences, paid his fines and did his time in court ordered alcohol treatment classes. He was arrested this past weekend for DUI and blew .149 breathalizer. In Pa would the 10yr-3rd offense penialties apply or since he's been out of trouble for 8yrs, would they consider it a first offender?. What would the penalities be for 3rd off. and the 1st. offense?

Asked on 10/23/07, 12:05 am

2 Answers from Attorneys

Douglas Sughrue Attorneys Crosby & Sughrue

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Re: Third DUI in 8 yrs

Yes, it is your brother's 3rd DUI in 10 years. Although the laspe of 8 years is better than a lapse of 4 years, it still doesn't look good to any Cop, ADA or Judge in the system. Luckily, if the UDI happened in Allegheny County and if your brothers case is weak, our DA's office offers a DUI Court which helps people escape the general mandatory sentence of 1 year in state prison that is often given in Allegeny County. Overall, the sentence depends on his BAC. Third offense bac .149 is a mandatory 90 days in jail/house arrest/alternative housing minimum. Note that the "easier" the sentence, the longer it is. If he gets house arrest, count on a longer sentence, i.e., 180 days.

Good Lcuk. Call with questions or concerns & tell my staff that lawguru sent you to me.

He needs to have a good, thorough preliminary hearing with a court reporter present to record the officer's testimony. Only an expereinced criminal defense attorney can do this job sufficiently.

Answered on 10/23/07, 8:35 am

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