Legal Question in DUI Law in Pennsylvania

PA DUI Offence

My friend recently has gotten a DUI in PA. The BAL was .13. This person had ARD over 5 years ago for this offense. Is it possible to get ARD again due to the time frame. Also what would the penality most likely be.? Thanks.


Asked on 7/06/07, 4:31 pm

3 Answers from Attorneys

Brian Zeiger Levin & Zeiger LLP

Re: PA DUI Offence

you cannot get ard again ever. the mandatory minimum sentence depends on many factors, not just the bac. i need a lot more info. good luck. feel free to call or email with more questions. [email protected] or 215.825.5183. brian

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Answered on 7/06/07, 4:35 pm
Douglas Sughrue Attorneys Crosby & Sughrue

Re: PA DUI Offence

A person can only gets ARD twice in their life and the first ARD better be more than ten years before the second. So the short answer is no your friend is not going to get ARD. He/she is statutorily prohibited.

Second offense DUI with a BAC of .13 is an ungraded misdemeanor and has a minimum sentence of 30 days along with fines, license suspension for 12 months and an ignition interlock device requirement prior to being able to drive a car again.

Good Luck to your friend & have him/her give me a call or email with additional questions.

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Answered on 7/06/07, 5:10 pm
Daniel Cevallos Cevallos & Wong, LLP

Re: PA DUI Offence

The penalties are pretty serious, actually. He should retain private counsel immediately. If you e-mail me, I'll send you a chart/graph that explains the different dui's relative to BAC and number of offenses. .13 is considered more than minimal, as well. Contact our offices for a free consultation. I would not recommend your friend go this route alone.

-Danny Cevallos

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Answered on 7/06/07, 7:50 pm


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