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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 5
Do you have any Pennsylvania DUI and DWI questions page 5 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

Do I still have to get CRN evaluation?

Answered 11 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
If one of your DUI conditions 11 years ago was to get a CRN and you didn't, you probably don't have a drivers license. You need to get it done. You can call the DA's office and get the information or hire an attorney to assist you. An attorney cannot make this go away.
If one of your DUI conditions 11 years ago was to get a CRN and you didn't, you probably don't have a drivers license. You need to get it done. You... Read More

Do the police take blood samples to their own lab for a DUI case?

Answered 12 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Practicing in Pgh. we have the county laboratory. The state police have a state lab, the last I checked. There is a serious discrepancy here due to the trooper saying 17 pills were missing from the bottle and you saying you ingested 2. If you want to fight this, you need a lawyer. The lawyer may be able to: 1) challenge the release of the blood to the trooper if it was not done pursuant to a warrant, 2) get a court order to preserve your blood and have it independently tested, and 3) have the independent lab educate the attorney on mgs. I have heard of nanograms in drug testing and nano technology in general, but not mgs. Good luck.... Read More
Practicing in Pgh. we have the county laboratory. The state police have a state lab, the last I checked. There is a serious discrepancy here due to... Read More

license revoke

Answered 12 years and a month ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
The first (best) thing to do is to go on the PennDOT website and request a "license restoration requirement" letter; it's free. They will tell you what you need to do to restore your license. The time should count even if they never received it in the mail. Otherwise, you will have to file for a restoration hearing.... Read More
The first (best) thing to do is to go on the PennDOT website and request a "license restoration requirement" letter; it's free. They will tell you... Read More

What to expect at an ARD Revocation hearing in Pennsylvania?

Answered 12 years and a month ago by attorney Steven Fairlie   |   1 Answer   |  Legal Topics: DUI/DWI
Someone who's ARD is revoked in the counties I practice in generally does not go straight to jail unless perhaps by agreement (meaning the person agrees to plead guilty).  ARD revocation means the case is take out of ARD and then will be scheduled for trial in the future.  It may be possible to reach a plea agreement before then or to go to trial and win, in which case nothing happens to you.  You should talk with a good lawyer familiar with the rules of your county.  Thanks, Steve... Read More
Someone who's ARD is revoked in the counties I practice in generally does not go straight to jail unless perhaps by agreement (meaning the person... Read More

I have been a PA resident for 17 years. I have had a valid PA license during that time. Last year, I went to renew my license and received a "NDR issu

Answered 12 years and a month ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
It would involve researching exactly what needs to be done and making some phone calls, but yes, you can be helped.   Jack Puskar The Puskar Law Firm 724-705-7440
It would involve researching exactly what needs to be done and making some phone calls, but yes, you can be helped.   Jack Puskar The Puskar... Read More

I got pulled over driving on a suspended license but I thought I wasn't suspended anymore it's been 8 years I hired an attorney and he never

Answered 12 years and a month ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
The easiest answer is that you need to find a new attorney. That being said, if you qualify, you can get a public defender. If not, you should find someone willing to work with you.
The easiest answer is that you need to find a new attorney. That being said, if you qualify, you can get a public defender. If not, you should find... Read More

Is it better to tak un underage drinking charge or a disorderly conduct

Answered 12 years and a month ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
I don't know the particulars of your case, but generally, I would have to say disorderly conduct.
I don't know the particulars of your case, but generally, I would have to say disorderly conduct.

I have a misdemeanor warrant in PA but live in ID. Where do I get representation, ID or PA

Answered 12 years and a month ago by attorney Steven Fairlie   |   1 Answer   |  Legal Topics: DUI/DWI
You definitely want the lawyer in PA because you have to fight the case in PA.  A lawyer from ID can't help you do that as is most likely not licensed in PA.  Plus you will need a Pennsylvania Criminal Defense Lawyer familiar with how to fight a case involving a PA crime, PA Judge, and PA citizens.... Read More
You definitely want the lawyer in PA because you have to fight the case in PA.  A lawyer from ID can't help you do that as is most likely not... Read More

How long does the court have to get me to trial for DUI charge?

Answered 12 years and 2 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
They have to bring you to trial in 180 days when you are on bond. Defense continuances extend this time period.
They have to bring you to trial in 180 days when you are on bond. Defense continuances extend this time period.

dui and property damage

Answered 12 years and 2 months ago by attorney Steven Fairlie   |   1 Answer   |  Legal Topics: DUI/DWI
If the damage to the other car exceeds your limits then you could concievably be found liable for the difference, but since he is 19 years old they would have to prove negligent entrustment (which is very difficult).  I would need to know more facts but the odds of you actually having to pay anything are likely very slim.  Get a good Pennsylvanis Drunk Driving Accident Lawyer to analyze all of the facts in the case.... Read More
If the damage to the other car exceeds your limits then you could concievably be found liable for the difference, but since he is 19 years old they... Read More

Alcohol blood Test

Answered 12 years and 3 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
You have no choice in PA as to what test is given. If the arresting authority had no breathylizer machine, what are the police to do? Let him go?  I have had cases where the police honored such a request when they had the test machines at their station. Just about any form of resistance to the request for blood alcohol testing pursuant to a DUI arrest is considered a refusal in PA. ... Read More
You have no choice in PA as to what test is given. If the arresting authority had no breathylizer machine, what are the police to do? Let him go?... Read More

Pertaining to a pending dui case and new dui conviction

Answered 12 years and 3 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Hire an attorney and fight the case. If the vehicle is still in the driveway,without running and he was not attempting to drive, he could beat it at the Preliminary Hearing.
Hire an attorney and fight the case. If the vehicle is still in the driveway,without running and he was not attempting to drive, he could beat it at... Read More

Is it a fact that if an arresting officer does not appear in court on the 3rd reschedule that charges will be dropped?

Answered 12 years and 3 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
It's not law. Many judges will, however, dismiss if the officer has asked for too many continuances. You can make a motion for dismissal. It's always wise to have a lawyer, but if you have to go it alone, ask the judge to dismiss the charges.
It's not law. Many judges will, however, dismiss if the officer has asked for too many continuances. You can make a motion for dismissal. It's always... Read More

how can I get my boyfriend transfered to PA from NJ quicker

Answered 12 years and 3 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
I presume he is in custody in New Jersey now? He needs to be as cooperative with the authorities as possible and NOT fight extradition to Pennsylvania. If he has an attorney in the area where he will be facing charges, he/she may be able to contact the District Attorney and get him transferred sooner.... Read More
I presume he is in custody in New Jersey now? He needs to be as cooperative with the authorities as possible and NOT fight extradition to... Read More

What are the chances of DUI being reduced to first tier?

Answered 12 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
If they have a case against you, since you are under .01 you should receive no license suspension.
If they have a case against you, since you are under .01 you should receive no license suspension.

Preliminary hearing today, just got notice, but do not have lawyer.

Answered 12 years and 4 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Called that skilled attorney and ask for help.
Called that skilled attorney and ask for help.

Can I still get my CCW license if I am not yet convicted for my second DUI?

Answered 12 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Is this a gun permit? You can apply but they may see the arrest record and flag it. You will know when they can deny you. If you get ARD you may be able to reapply and get one.
Is this a gun permit? You can apply but they may see the arrest record and flag it. You will know when they can deny you. If you get ARD you may be... Read More

Can I be convicted of driving on a DUI suspension when I was doing nothing to cause the officer to pull me over?

Answered 12 years and 5 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
If the cop recognized you and in fact knew you had a suspension, which happens more than you think, he has probable cause to pull you over.
If the cop recognized you and in fact knew you had a suspension, which happens more than you think, he has probable cause to pull you over.

Are there any alternatives to jail such as Drug Court for 3rd tier, 4th offense DUI where I refused blood test?

Answered 12 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
You are not eligible for drug court. if your county offers DUI court for 4th timers you may be eligible. You need to speak with an attorney that practices in your county.
You are not eligible for drug court. if your county offers DUI court for 4th timers you may be eligible. You need to speak with an attorney that... Read More

What can I do if I was charged with a DUI back in 09' and got charged with another one recently and in the papers, it says first offence?

Answered 12 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
If you got ARD for the first one, this second DUI would only count as a first.
If you got ARD for the first one, this second DUI would only count as a first.

Gun shooting forced me to drive intoxicated to leave the unsafe seen

Answered 12 years and 6 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
I would tentatively say that yes, you have a viable defense. The crime of DUI in Pennsylvania is not a specific intent crime, meaning that you don't have to drive drunk "on purpose." However, I think you still may be able to argue that you drove in self-defense and only for a short distance. A good criminal defense lawyer should be able to help you.... Read More
I would tentatively say that yes, you have a viable defense. The crime of DUI in Pennsylvania is not a specific intent crime, meaning that you don't... Read More

Can I get in trouble for my boyfriend getting into a DUI accident on my car, while I am a passenger?

Answered 12 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
If you knew he had no license, there is a summary charge for letting someone drive your car whom you know is unlicensed. if you let him drive your car, aware he was intoxicated, I am not sure if the cops could charge you with anything like Reckless Endangering Another Person. I haven't seen it charged in your circumstances.... Read More
If you knew he had no license, there is a summary charge for letting someone drive your car whom you know is unlicensed. if you let him drive your... Read More

A cop never asked me for my license and registration at a stop sign and then asked me out of the car and arrested me, what should I do?

Answered 12 years and 7 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.

What will happen to me and possibly my car/insurance if my friend got pulled over driving my car drunk, and I was the passenger?

Answered 12 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Unless there is a crime for letting someone who is obviously drunk, drive your car, I think you are ok. if there is such as statute and you are charged, I think a lawyer may be able to beat that charge at the PH.
Unless there is a crime for letting someone who is obviously drunk, drive your car, I think you are ok. if there is such as statute and you are... Read More

I was recently arraigned for my second dui in under 10 yrs. Controlled substance and endangering a child. DA is offering a plea of 4 mnths What i do

Answered 12 years and 7 months ago by attorney William R. Pelger   |   2 Answers   |  Legal Topics: DUI/DWI
this is the kind of situation that if a lawyer knows all the facts, he may be able to get the sentence lowered. in Allegheny County, that sentences sounds high but i dont know what county you are in. if you are in a rural, conservative area, that may be the best you can do. talk to a lawyer.... Read More
this is the kind of situation that if a lawyer knows all the facts, he may be able to get the sentence lowered. in Allegheny County, that sentences... Read More
DUI/DWI
Pennsylvania

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