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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 6
Do you have any Pennsylvania DUI and DWI questions page 6 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

Should my arresting officer give me a breathalyzer test when I pass the field tests? And can I fight the charge of DUI?

Answered 12 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Nothing unusual. You don't have your rights read unless you are interrogated. You have no right to a breathalyzer at the scene, all they give is a PBT at the scene which is a mini, unofficial breathalyzer.
Nothing unusual. You don't have your rights read unless you are interrogated. You have no right to a breathalyzer at the scene, all they give is a... Read More

What are the penalties/charges for a DUI-child endangerment case in Pennsylvania?

Answered 12 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
No attorney can answer that question without knowing more information-like your criminal history including prior record score (calculated by DA), who your judge is, what the DA wants, how bad are the facts. Instead of asking random attorneys these answers , you should sit down with your attorney or get one if you don't have one.... Read More
No attorney can answer that question without knowing more information-like your criminal history including prior record score (calculated by DA), who... Read More

How long does a Pennsylvania police officer have to file a DUI charge?

Answered 12 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Some lawyer pay a data base that tracks charges filed and then sends a solicitation letter out to the person charged on behalf of the lawyer. So, chances are charges have been filed. The last time I visited this issue, there was no rule on it but there was case law that said if too much time passed, the defendant could argue that his ability to defend himself was effected by the unreasonable delay. What constitutes an unreasonable delay would be up to the court but I feel confident that 60 or 75 days is not unreasonable.... Read More
Some lawyer pay a data base that tracks charges filed and then sends a solicitation letter out to the person charged on behalf of the lawyer. So,... Read More

If my son has receive two DUI can he get a red license to drive to work and school in the state of PA?

Answered 12 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Doubtful. You can look at the occupational limited license statute in Title 75. I think it excludes DUI offenses.
Doubtful. You can look at the occupational limited license statute in Title 75. I think it excludes DUI offenses.

Is it possible to have my second DUI expunged or have my right to own a firearm restored?

Answered 12 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
You cannot expunge any crime you were convicted of-plead guilty or was found guilty. You may be able to challenge the state police denial in court as it is my understanding you need to be convicted of 3 DUI's in 5 years to be excluded from possessing a gun.
You cannot expunge any crime you were convicted of-plead guilty or was found guilty. You may be able to challenge the state police denial in court as... Read More

I failed (without alcohol consumption) my interlock device.

Answered 12 years and 10 months ago by attorney Steven Fairlie   |   1 Answer   |  Legal Topics: DUI/DWI
These machines are notorious.  Have it tested and talk with a good forensic toxicologist, or better yet, an expert familiar with your particular device.
These machines are notorious.  Have it tested and talk with a good forensic toxicologist, or better yet, an expert familiar with your particular... Read More

Can a police officer follow you 8 miles then after you park stop you?

Answered 12 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Cant tell if you are charged or are going to be charged with DUI. There is no such charge for "driving under suspicion non DUI related. I think you mean driving under suspension. I am not sure that following you for too long would be a probable cause defense. You were either driving under a suspended license or not. You need to get an attorney for the hearing.... Read More
Cant tell if you are charged or are going to be charged with DUI. There is no such charge for "driving under suspicion non DUI related. I think you... Read More

Evading while DUI before cops turned on lights

Answered 12 years and 10 months ago by Keith J. Bidlingmaier (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
I would need to know more facts of the case before I can answer. For instance did you turn off your headlights? How far away was the driveway from where you 1st saw the officer? WHat county did this happen in?
I would need to know more facts of the case before I can answer. For instance did you turn off your headlights? How far away was the driveway from... Read More

If I have a CDL and get a 2nd DUI in my car, will I lose my CDL permanently?

Answered 12 years and 10 months ago by Gregory Karl Crain (Unclaimed Profile)   |   22 Answers   |  Legal Topics: DUI/DWI
Yes.
Yes.

Can I legally get a DUI while drinking alcohol sitting in my car listening to my radio which is park in my driveway?

Answered 12 years and 10 months ago by Timothy J. Klisz (Unclaimed Profile)   |   23 Answers   |  Legal Topics: DUI/DWI
Yes you can.
Yes you can.

Is incorrect information on a police report a ground for dismissal?

Answered 12 years and 10 months ago by Gregory Karl Crain (Unclaimed Profile)   |   22 Answers   |  Legal Topics: DUI/DWI
No.
No.

Can I avoid jail time for a felony charge?

Answered 12 years and 10 months ago by Leonard A. Kaanta (Unclaimed Profile)   |   10 Answers   |  Legal Topics: DUI/DWI
No.
No.

will a back ground check disclose if you took the ard program

Answered 12 years and 10 months ago by attorney Steven Fairlie   |   1 Answer   |  Legal Topics: DUI/DWI
ARD shows up on a background check unless you take the additional step of having it expunged after you complete the program.  Many lawyers don't do this properly - to check you can run a background check yourself.  Read more about expungements here: http://fairlielaw.net/practice-areas/expungements/... Read More
ARD shows up on a background check unless you take the additional step of having it expunged after you complete the program.  Many lawyers don't... Read More

Underage PA

Answered 12 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Yes, you can be charged with possession, transportation and consumption of alcohol (sections 6308) if the police see you drinking or testify that they smelled it on you, or you appeared to be intoxicated. they don't need any bloood tests . You need a lawyer to go over the facts and prepare for your hearing.... Read More
Yes, you can be charged with possession, transportation and consumption of alcohol (sections 6308) if the police see you drinking or testify that... Read More

Can he be charged with a DUI in the state of Pennsylvania when he was not observed driving the vehicle and was not inside the vehicle?

Answered 12 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Interesting case. You need to review the specific facts and the police report with an attorney. I am not so sure they can prove operability (him being behind the wheel within 2 hours) unless he made statements. All attorneys would need to know more, like, what the police reports says, did he make admissions, etc. You really should talk to a lawyer.... Read More
Interesting case. You need to review the specific facts and the police report with an attorney. I am not so sure they can prove operability (him... Read More

Will I be prosecuted or have a warrant for DUI in PA?

Answered 12 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
If you posted and he is not brought to court, you can be liable to pay the bond. I would call the bail agency who is handling it for more details. I don't think you need to come to court but I would confirm with them first.
If you posted and he is not brought to court, you can be liable to pay the bond. I would call the bail agency who is handling it for more details. I... Read More

What happens if I was falsely accused for underage drinking?

Answered 12 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Don't plead guilty, hire a lawyer and defend this. The attorney can advise as to whether he can defend and beat this case. If he can't, there is often a first time offenders program consisting of classes for minors charged with underage drinking. The attorney can tell you all the details. Because of the hidden/secret license suspension, I wouldn't go to the hearing alone.... Read More
Don't plead guilty, hire a lawyer and defend this. The attorney can advise as to whether he can defend and beat this case. If he can't, there is... Read More

If I was recently pulled over for DUI, how this will affect my CDL license?

Answered 12 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
You need to see a lawyer immediately where this occurred. You are looking at a license suspension and a possible revocation.
You need to see a lawyer immediately where this occurred. You are looking at a license suspension and a possible revocation.

Will possible employers be able to check to see if there were any by means of criminal background or MVR reports?

Answered 12 years and 11 months ago by attorney William R. Pelger   |   2 Answers   |  Legal Topics: DUI/DWI
If asked did you plead guilty, were you convicted, you should answer "No". If asked were you ever arrested, you should answer "yes".
If asked did you plead guilty, were you convicted, you should answer "No". If asked were you ever arrested, you should answer "yes".

What avenue can I go to for help regarding license suspension?

Answered 12 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
If you lose on a driver's license suspension in the Court of Common Pleas, your only remedy is to appeal to the Commonwealth Court. You cannot appeal to Veteran's Court. The Common Pleas Court Judge presiding over Veteran's Court has no authority to modify a driver's license suspension.
If you lose on a driver's license suspension in the Court of Common Pleas, your only remedy is to appeal to the Commonwealth Court. You cannot appeal... Read More

How much additional time will be served for a 12 year old DUI bench warrant in Pennsylvania?

Answered 12 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Too little information for me to work with. If you have an old bench warrant, some judges in some counties will let you turn yourself in and set a bond with little inconvenience to you. Other judges in other counties may require you to sit in jail awhile until the judge sets your bond. It would be best to get an attorney to help you turn yourself in.... Read More
Too little information for me to work with. If you have an old bench warrant, some judges in some counties will let you turn yourself in and set a... Read More

fiance's 3rd DUI. Wants minimum jail time, and finish it out with house arrest

Answered 13 years ago by attorney Steven Fairlie   |   1 Answer   |  Legal Topics: DUI/DWI
This is too serious not to first investigate beating the case with a good lawyer.  If that can't be done he's looking at a year in jail, though if he is kept in the county work release or house arrest may be options depending on the county and the Judge.  Find a very good lawyer.  Here is some very good information about Pennsylvania DUI cases. Steve... Read More
This is too serious not to first investigate beating the case with a good lawyer.  If that can't be done he's looking at a year in jail, though... Read More

In Pennsylvania when refuse blood test are they required to have a witnesses to refusal and reading of 1547

Answered 13 years ago by Glenn J. Smith (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
When you have been asked to submit to a blood test in connection with a driving under the influence case the officer is required to read you an O'Connell warning which is set forth in the Section 1547 you referenced.  As part of this process, you are required to complete a PennDOT DL-26 form in which you acknowledge the warning.  If you refuse to submit to the blood test, the officer completes the requisite section indicating so.  No witness is required.... Read More
When you have been asked to submit to a blood test in connection with a driving under the influence case the officer is required to read you an... Read More
DUI/DWI
Pennsylvania

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