Legal Question in DUI Law in Pennsylvania
my husband got a dui a few nights ago, my question is, he had 2 previous, however they were 13 years ago... does this count as his third or as a first?
3 Answers from Attorneys
It should count as his first, for purposes of sentencing and for ARD (Accelerated Rehabilitative Disposition) consideration. The look-back period is 10 years for DUI convictions.
Best of luck to him and you.
Cary B. Hall, Esquire
Law Offices of Cary B. Hall, L.L.C.
121 East Chestnut Street, Suite 205
Souderton, PA 18964
T: (267) 663-9995
F: (215) 525-4364
http://www.carybhall.com
It's very important that you talk to an attorney as soon as possible. There are certain "lookback" periods for DUIs that must be considered. Feel free to call our offices for a consultation (no charge). Depending on the facts, your husband may be entitled to certain pretrial diversionary programs. My direct office line is 267.639.3105. -Danny Cevallos
It would be a first offense for sentencing purposes which means anywhere from probation if his BAC is under .10 or if it is over, up to a 72 hour minimum with a maximum of 3-6 months. Depending on the county, he may be ineligible for ARD as many counties will not give ARD more than one time, no matter how long the time lapse is.
Your husband should speak with an experienced attorney as soon as he can.
Ellis Klein, Esquire
215-639-5297
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