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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 3
Do you have any Pennsylvania DUI and DWI questions page 3 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

Recent Legal Answers

Where should I go to get a good defense lawyer for an out of state DUI?

Answered 10 years and 5 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
I would suggest checking trucker's magazines--some lawyers advertise there. You can also check with that County to see if they have a Bar Association who does lawyer referrals; they should be able to point you in the right direction.
I would suggest checking trucker's magazines--some lawyers advertise there. You can also check with that County to see if they have a Bar Association... Read More

Can I get a DUI if blood tests came back negative?

Answered 10 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
You may be charged, maybe not. No one really know. You may get charged for the "substance" if it is controlled and you have no prescription. Whatever you do, do not talk to the police. Get a lawyer now or as soon as you get paperwork in the mail which will be a summons and Notice of Preliminary Hearing.... Read More
You may be charged, maybe not. No one really know. You may get charged for the "substance" if it is controlled and you have no prescription. ... Read More

Am I facing charges that will come in the mail if I didn't get any written citation or paperwork and was not arrested?

Answered 10 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
It sounds like you will be arrested by summons (in the mail). Don't expect any kindness from the police. Once you get your papers in the mail, contact a lawyer immediately.
It sounds like you will be arrested by summons (in the mail). Don't expect any kindness from the police. Once you get your papers in the mail,... Read More

Should I have mentioned my pending DUI at stop sign hearing?

Answered 10 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
No, you are OK.
No, you are OK.

Will detox notify probation?

Answered 10 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
I would read or review the terms of her condition carefully. If it requires reporting any criminal activity, use of illegal substances, etc., you must report. If you do not do it on your own, I do not believe the facility will report her due to privacy law. However, you may want to ask them.... Read More
I would read or review the terms of her condition carefully. If it requires reporting any criminal activity, use of illegal substances, etc., you... Read More

Can a cop refile my case after being dismissed?

Answered 10 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
That would be a yes.
That would be a yes.

Can I still be charged for a DUI from 1983?

Answered 10 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Probably not unless, there was a warrant you never appeared for since then. However, even if they can proceed with prosecution, it will be difficult. Find a lawyer.
Probably not unless, there was a warrant you never appeared for since then. However, even if they can proceed with prosecution, it will be ... Read More

If convicted for driving under a controlled substance, do I qualify for an occupational license to go to work and doctor's appointments?

Answered 10 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Probably not as it is DUI related.
Probably not as it is DUI related.

I was pulled over after picking up minors from a party, am I in trouble?

Answered 10 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Based on what you say, I cannot see you being charged. If you are, take the citation or complaint to a lawyer and prepare to defend it. You should be easily able to (based on what you say).
Based on what you say, I cannot see you being charged. If you are, take the citation or complaint to a lawyer and prepare to defend it. You should... Read More

Can I be charged with DUI if I was cutting my grass and had a single beer can in the cup holder of my tractor?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
You can get a DUI for driving a riding mower or bicycle but you have to be on a public road. As long as you are on your own property, you can drive any vehicle totally smashed as long as you don't commit some other crime like recklessly endangering another person.
You can get a DUI for driving a riding mower or bicycle but you have to be on a public road. As long as you are on your own property, you can drive... Read More

Was I actually arrested for a DUI if they didn't take me to jail and didn't give me any paperwork?

Answered 10 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
You probably will receive a summons in the mail which is like being arrested by mail. I would hire a lawyer.
You probably will receive a summons in the mail which is like being arrested by mail. I would hire a lawyer.

Can an 18 year old drive from one state to another with alcohol unopened?

Answered 10 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Not in PA.
Not in PA.

Dui question

Answered 10 years and 9 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Appeals with PENN DOT are difficult to win. But you can try, certainly. I usually advise my clients that the best defense in those types of hearings is to appear remorseful and not indignant.
Appeals with PENN DOT are difficult to win. But you can try, certainly. I usually advise my clients that the best defense in those types of hearings... Read More

What will happen if I got pulled over for driving under suspension for DUI?

Answered 10 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Nothing good. If it is truly a 1543 b, it carries (first offense) 60 days in jail and a $500 fine. However, If you can afford it, I would talk to an attorney. Many times I negotiate plea agreements whereby we have the 1543 withdrawn and pleaded down to another more minor traffic offenses that carry would no suspension or time in jail. It all depends on the police officer, the District Justice, your criminal history and your driving records as to whether this will work.... Read More
Nothing good. If it is truly a 1543 b, it carries (first offense) 60 days in jail and a $500 fine. However, If you can afford it, I would talk to... Read More

If they sent me a letter taking my license away for 90 days, can they turn around and take my license for a year?

Answered 10 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Question is hard to answer as it is vague and incomplete. If you get another driving offense which carries a one year suspension, it can be stacked upon the first suspension which I assume was a 90 day one.
Question is hard to answer as it is vague and incomplete. If you get another driving offense which carries a one year suspension, it can be stacked... Read More

Will the magistrate be the court to give me that sentence or will it be pushed into a different court?

Answered 10 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
The magistrate, or District Justice, can only sentence you if you were convicted of a summary offense. A DUI is a misdemeanor. So, unless your DUI charges are withdrawn in exchange for you to plead to summary, you will not be sentenced by the DJ. Most likely your DUI will be held for court and you will proceed to a trial or plead at the Court of Common Pleas.... Read More
The magistrate, or District Justice, can only sentence you if you were convicted of a summary offense. A DUI is a misdemeanor. So, unless your DUI... Read More

What can I do if I was pulled over under false pretense resulting in DUI charges?

Answered 10 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
When there is alleged to be insufficient probable cause to stop a motor vehicle, the defendant's attorney can file a motion to suppress all evidence because the stop was illegal . Review this with an attorney. Generally, unless you have videotape to prove otherwise, the judge will believe the police officer over you, in regard to the stop sign.... Read More
When there is alleged to be insufficient probable cause to stop a motor vehicle, the defendant's attorney can file a motion to suppress all ... Read More

Why is my license suspended for 18 months if I had my first DUI and my BAC was .16?

Answered 11 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
You must not have received ARD. Had you, you would have had a suspension of 60 days.
You must not have received ARD. Had you, you would have had a suspension of 60 days.

expungment of DUI

Answered 11 years and a month ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes, an expungement is very possible. If you want to do it yourself, you should contact your local court to see if they have instructions for obtaining an expungement from an ARD.
Yes, an expungement is very possible. If you want to do it yourself, you should contact your local court to see if they have instructions for... Read More

If someone is drunk and gives their keys to another drunk person to drive their car, will the owner get a DUI also?

Answered 11 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
She cannot get a DUI but could be cited with a summary. I think there is a summary offense for letting someone drive whom you know to be intoxicated. She should not talk about this to anyone and if the police call her, she should not make a statement without first seeing an attorney.
She cannot get a DUI but could be cited with a summary. I think there is a summary offense for letting someone drive whom you know to be ... Read More

Will the record be expunged from the CJIS records or is there further paperwork to be completed?

Answered 11 years and 2 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
I would give it some more time.
I would give it some more time.

Is it legal to take a blood test from a hospital to a private laboratory?

Answered 11 years and 2 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
It sounds like your son will be arrested for DUI. Most likely the officer is trained in DUI arrests and followed procedure. If you believe your son's blood test will be negative, hire a lawyer to petition the court to have your son's blood tested by an independent lab. You will need a lawyer to do this. Before you spend a lot of money, sit down with your son and ask him to be truthful with you.... Read More
It sounds like your son will be arrested for DUI. Most likely the officer is trained in DUI arrests and followed procedure. If you believe your... Read More

How can a DUI in 1993 be removed from my record so I can apply for a job?

Answered 11 years and 2 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
If you plead guilty or were found guilty, you cannot expunge a conviction of a summary or a felony. You can apply for a pardon after 10 years of crime free behavior.
If you plead guilty or were found guilty, you cannot expunge a conviction of a summary or a felony. You can apply for a pardon after 10 years of... Read More

What can happen if I refuse a blood test or breathalyzer?

Answered 11 years and 3 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
The bad news about the refusal is that it is a 18 month license suspension. If you are ARD eligible, your suspension would have been 30 or 60 days but with the refusal it is 18 months. Without the test results, that may help you create reasonable doubt in a trial. The problem is that even if your attorney beats the DUI case, the Department of Motor Vehicles can still suspend your license on the refusal as it is deemed an administrative licensing matter and not part of your criminal prosecution. It is really rarely advisable to refuse the testing .... Read More
The bad news about the refusal is that it is a 18 month license suspension. If you are ARD eligible, your suspension would have been 30 or 60 days... Read More

What does a third DUI carry?

Answered 11 years and 3 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
I third DUI CAN carry 1 year in jail. See an attorney about your case.
I third DUI CAN carry 1 year in jail. See an attorney about your case.
DUI/DWI
Pennsylvania

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