Legal Question in DUI Law in Pennsylvania

PA dui NY drivers license

i was arrested for dui in pennsylvania my blood alcohol was .139 i have a new york drvers license and was wondering if that will affect me in anyway will they still consider ard and will is there anyway to not get my license suspended


Asked on 1/16/06, 1:17 am

3 Answers from Attorneys

Mark Johns Mark Johns, Esquire

Re: PA dui NY drivers license

With reciprocity, New York will impose any suspension PA imposes. If there are no actual defenses you have, you may be eligibkle for the ARD program. Under ARD, you serve a period of probation attend alcohol safety school and pay court costs. For that blood alcohol level you would get a two month license suspension. You should contact an attorney in PA to discuss the aspects of your case and your eligibility for ARD. I offer free consultations.

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Answered on 1/16/06, 7:28 am
Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: PA dui NY drivers license

Even though there is no reciprocity for points between New York and Pennyslvania, you are looking at possible jail time in PA and a license suspension which would become reciprocal with NY state. PA has mandatory mininum sentencing, however, given your higher BAC (Blood Alcohol Level) you may not be eligible for a reduced sentence. My recommendation is to retain a local PA attorney ASAP or risk the possibility of additional sanctions.

Sincerely,

Marc V. Taiani, Esquire

www.AlleghenyAttorneys.com

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Answered on 1/16/06, 9:44 am
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: PA dui NY drivers license

You should consult an attorney to see if you have any valid defenses to the DUI charge itself. It is simply NOT true that DUI arrests can't be challenged successfully.

You MAY be eligible for the ARD program, although some counties have taken the position that out of state residents are not eligible. If that's the case, you'll face the harsher penalties.

The license suspension in NY will be the suspension you would have received in NY if you had been arrested there for the same offense.

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Answered on 1/16/06, 5:27 pm


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