Legal Question in DUI Law in Pennsylvania

PA DUI while living in NJ

A friend has a 2nd offense DWI in New Jersey. If he got a DUI in PA would that be his 3rd offense? Or would it be his 1st offense in PA? I know in Jersey the 3rd offense is losing your license for 10 yrs. Also if he lived in PA and got a DUI would they look at the previous DWI in Jersey and make it his 3rd in PA?

Thanks!


Asked on 3/26/08, 9:17 am

2 Answers from Attorneys
Jay Hochberg

Re: PA DUI while living in NJ

If your friend caught a DUI in Pennsylvania, it would count as the THIRD DUI. In other words, the jurisdiction of the prior offenses doesn't matter.

In Pennsylvania, the license suspension for a third DUI is either 12 or 18 months. However, New Jersey may still suspend for ten years, and if it does so, Pennsylvania has a reciprocal suspension.

Bottom line: Do not drive after drinking!!!

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Answered on 3/26/08, 9:22 am
James Monaghan Law Office of James V. Monaghan

Re: PA DUI while living in NJ

Under Pennsylvania law, DUI/DWI convictions in New Jersey count as previous convictions for sentencing purposes. The Supreme court has held that the laws are substantially similar and therefore can be used for enhanced sentencing.

Please contact me for further assistance.

Jim

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Answered on 3/26/08, 10:53 am


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