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Pennsylvania DUI and DWI Legal Questions

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208 legal questions have been posted about dui/dwi by real users in Pennsylvania. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include criminal law, theft, and weapons charges. All topics and other states can be accessed in the dropdowns below.
Pennsylvania DUI and DWI Questions & Legal Answers - Page 2
Do you have any Pennsylvania DUI and DWI questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 208 previously answered Pennsylvania DUI and DWI questions.
DUI/DWI
Pennsylvania

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Answered 8 years and 11 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Without seeing your charges, it's difficult to say. A lot depends on what your blood alcohol content was. However, if you were licensed to drive and have no criminal record, you will likely be offered ARD, which is a non-jail, diversionary program.
Without seeing your charges, it's difficult to say. A lot depends on what your blood alcohol content was. However, if you were licensed to drive and... Read More

If just want to know how a person keeps their license after getting pulled over for a DUI for second or third time in 3 years.

Answered 9 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
There is a driver's license suspension for at least one year with every DUI, unless the person is eligible for ARD in which case it is a 30 or 60 day suspension.
There is a driver's license suspension for at least one year with every DUI, unless the person is eligible for ARD in which case it is a 30 or 60... Read More

Can I lose my Pennsylvania license if I got charged for DUI in Maryland?

Answered 9 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
In this day and age, most states have reciprocity. A suspension in one state will be effective in another.
In this day and age, most states have reciprocity. A suspension in one state will be effective in another.

What will happen if I got a DUI, DWI, driving while suspended, 15 over the speed limit, not wearing a seat belt, failure to use turn signals 2 counts?

Answered 9 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
It depends if you qualify for ARD or not. Unless this is your third or fourth, probably some house arrest/electronic monitoring on the incarceration part. On the DL suspension, 60 days with ARD, 1.5 years without ARD.
It depends if you qualify for ARD or not. Unless this is your third or fourth, probably some house arrest/electronic monitoring on the ... Read More

What am I facing if the police found .5 gram of marijuana and DUI and I’m a first time offender with no background?

Answered 9 years and 5 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
If you have no defense and want to plead guilty, and assuming this occurred in PA, you may be eligible for ARD which would involve probation and fines and costs but no jail time and your record would be expunged after successful completion of the program.
If you have no defense and want to plead guilty, and assuming this occurred in PA, you may be eligible for ARD which would involve probation and... Read More

What can be done if police won't release blood tests results that I need before the hearing?

Answered 9 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
They have no obligation to give them to you before a preliminary hearing unless you subpoena them. If it is at the trial level, they have to give them to you.
They have no obligation to give them to you before a preliminary hearing unless you subpoena them. If it is at the trial level, they have to give ... Read More

Can I get a license if I have a DUI 16 years ago, second 11 years ago and third 1 year ago in three different states?

Answered 9 years and 7 months ago by attorney William R. Pelger   |   2 Answers   |  Legal Topics: DUI/DWI
Too little information here to tell. Basically as long as you don't owe any more suspension time, you may be eligible. You can obtain a restoration letter from PennDOT by either calling or on their website. They will tell you what you need to do to restore driving privileges in PA.
Too little information here to tell. Basically as long as you don't owe any more suspension time, you may be eligible. You can obtain a restoration... Read More

Can I get a license if I have a DUI 16 years ago, second 11 years ago and third 1 year ago in three different states?

Answered 9 years and 7 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
It depends on the language of the Suspension Order and the law of the state in which you request the license be issued.
It depends on the language of the Suspension Order and the law of the state in which you request the license be issued.

How long does it take to get back a blood alcohol test?

Answered 9 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Sometimes 4-6 weeks in Allegheny County, but there is no certainty.
Sometimes 4-6 weeks in Allegheny County, but there is no certainty.

If I blew .00 four times for the officer and had a few drinks hours before, could blood work still contain alcohol?

Answered 9 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
He probably gave you a Preliminary Breath Test (PBT) at the scene. These tests are not very reliable. All they need is .08 so keep your fingers crossed.
He probably gave you a Preliminary Breath Test (PBT) at the scene. These tests are not very reliable. All they need is .08 so keep your fingers ... Read More

Can a DUI be thrown out if the officer was not present at the preliminary hearing?

Answered 9 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Normally, if an officer was not present, the case is continued. If he or she is the main witness and doesn't show for a second or third time, for no good reason, you may have an a chance but not a guarantee of having the case dismissed.
Normally, if an officer was not present, the case is continued. If he or she is the main witness and doesn't show for a second or third time, for ... Read More

If my son's father took my car without my knowlege and gets a DUI and I had to pay $300 to get it out of impound, can I sue?

Answered 9 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Sure, you can sue him at the magistrate.
Sure, you can sue him at the magistrate.

What am I looking at if I’m intoxicated and I let my boyfriend drive my car?

Answered 9 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Nothing unless he was an unlicensed driver and you knew it.
Nothing unless he was an unlicensed driver and you knew it.

Can I be charged with DUI if my breath was tested at home?

Answered 9 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
I have had many people tell me this story. It must happen a lot. I had a guy once who wrecked his car into a tree, went home and had already consumed most of a fifth of JB before the cops pounded on his door. If that is your story, you can go with it if you find a lawyer who will want to pitch that to a jury. Maybe you get some drinkers on the jury. If you go non-jury, no judge is likely to believe that defense as they have heard it before.... Read More
I have had many people tell me this story. It must happen a lot. I had a guy once who wrecked his car into a tree, went home and had already ... Read More

traffic stop; for DUI

Answered 10 years ago by Keith J. Bidlingmaier (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
In what county and town did this happen in?
In what county and town did this happen in?

Can a TWP police officer place you in cuffs and take you to a hospital for a blood test without telling you that you are under arrest?

Answered 10 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Just because your eyes are red and you are crying may not be enough probable cause to arrest you. However, it may be an expensive battle to fight. You should talk to a criminal defense attorney.
Just because your eyes are red and you are crying may not be enough probable cause to arrest you. However, it may be an expensive battle to fight.... Read More

It has been more than ten years since my first DUI, can I get ARD a second time?

Answered 10 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Yes. Unless you have other charges in between, in which case your District Attorney could say no.
Yes. Unless you have other charges in between, in which case your District Attorney could say no.

Can a police officer make a passenger take a breathalyzer test?

Answered 10 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Yes.
Yes.

If my old girlfriend let me drive her car and later that night I got a DUI can I use negligence of entrustment?

Answered 10 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
No. But as long as she allowed you to have the car, you should not be convicted of unauthorized use.
No. But as long as she allowed you to have the car, you should not be convicted of unauthorized use.

Can a police officer remove alcohol from your vehicle if it's unopened?

Answered 10 years and 2 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
I don't believe they have a reason to if you are an adult and no alcohol was detected in your system. You can always ask for it back or hire an attorney to file a motion to return property which would not be economical.
I don't believe they have a reason to if you are an adult and no alcohol was detected in your system. You can always ask for it back or hire an ... Read More

What happens on my preliminary hearing if I’ve got 2 DUIs and one pending?

Answered 10 years and 2 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Contact your county Public Defender. If you make too much money, keep calling to find a lawyer in your price range. There are thousands of them out there.
Contact your county Public Defender. If you make too much money, keep calling to find a lawyer in your price range. There are thousands of them out... Read More

What can we do if my husband went to jail for a DUI and instead of having a bond, the judge made him go to an inpatient treatment for 45 days?

Answered 10 years and 2 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
I suggest he do it. If the outpatient wasn't ordered by the judge but the rehab facility has recommended it, he should follow through. It would look bad to the judge if he doesn't follow through. However, he should discuss this with an attorney to whom he car relay all of the facts.
I suggest he do it. If the outpatient wasn't ordered by the judge but the rehab facility has recommended it, he should follow through. It would... Read More

Is it legal for them to remove my weapons from our home during 6 month probation period?

Answered 10 years and 2 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
No one can answer this without knowing what crime you were convicted of to get 6 months probation.
No one can answer this without knowing what crime you were convicted of to get 6 months probation.

Can I get an OLL hardship license?

Answered 10 years and 3 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
If you didn't receive ARD on this DUI, you probably will receive another 1 year suspension for the refusal. OLL does not apply to DUI related offenses.
If you didn't receive ARD on this DUI, you probably will receive another 1 year suspension for the refusal. OLL does not apply to DUI related ... Read More

Will having two DUIs from different states count against me?

Answered 10 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
I am sure it will.
I am sure it will.
DUI/DWI
Pennsylvania

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