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.
3 Answers from Attorneys
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
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.
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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