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  #1  
Old 07-15-2009, 11:06 PM
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2nd offense in PA...punishments?


What is the name of your state (only U.S. law)? PA

My husband got a dui in ny about 6 and a half years ago. Last month he got pulled over for speeding and dui. Yes stupid I know. My question is if there is any chance of not doing jail time? Does PA do probabtion or house arrest in these cases, any chances of it being pleaded to a lesser charge. His BAC was .12 so that puts him in the high alcohol rate tier.

Any help or advice would be appreciated.
  #2  
Old 07-16-2009, 07:58 AM
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Join Date: Feb 2007
Posts: 8,231
This is serious and he is going to need a lawyer, but the default situation is bleak. You're looking at a month in jail, ignition interlocks, extended suspension periods, and fees and fines that you won't believe.

Is there a way to get it reduced? Possibly, but it's going to take a good lawyer. The money you spend on the lawyer is going to look like nothing compared to what this is ultimately going to cost.
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  #3  
Old 07-16-2009, 10:14 AM
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Posts: 463
yes, I would spend the money on the lawyer. he is in the second to last tier and is looking at a mind of 30 days. but really, it could be a lot worse. hopefully he just gets 30 days and can do 15 weekends. fine should probably end up being $1,000. I got my first in 2000 and my second in 2008. My only saving grace was my 2nd was in NJ. I got a 12 month suspension, fines from NJ, alcohol awareness courses from NJ (which suck a**), and the ignition interlocking device which also stinks.

ungraded misdemeanor
12 month suspension
30 days to 6 months prison
$750 to $5,000 fine
alcohol highway safety school
treatment when ordered
1 year ignition interlock
  #4  
Old 07-16-2009, 11:54 AM
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This really depends on the county. You are looking at 30 days in jail. Some counties will allow you to serve 30 days house arrest, or 15 weekends in jail. Others will offer house arrest, but say that you must serve much longer if you opt for it. For example, you can either serve 6 months house arrest (just a hypothetical example) or do the 30 days in jail.
  #5  
Old 07-16-2009, 12:33 PM
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Quote:
Does PA do probabtion or house arrest in these cases,
yes but it depends on the county. The Larger ones will let you do house arrest in patient rehab, or maybe something else. The Smaller counties it seems it is much more difficult not to go to jail. I am not saying it is not possible to do house arrest but your husband needs a lawyer to help his chances of not going to jail.
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