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Arrest For Ovi In Pennsylvania
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With the first offense, there usually is no license suspension. However, second and third offenses result in a 12-month license suspension. You will also be required to an ignition interlock device. This device requires drivers to perform a breathalyzer test before they start their car.
Explain how your actions have affected others and that you understand why your actions were wrong. Explain Your Circumstances – You may evoke some sympathy from the judge if there were extenuating circumstances for your DUI.
1st Offense DUI: A misdemeanor, six months probation, and a $300 fine; 2nd Offense DUI: A misdemeanor, five days to six months in jail, a $300 -$2500 fine, and a one-year license suspension; 3rd Offense DUI: 2nd-degree misdemeanor, ten days to two years in prison, a $500 -$5,000 fine, and a one-year license suspension.
Potential First DUI Penalties. If convicted, there is a possibility for you to go to jail for your first DUI in PA. But if your case does not have extenuating circumstances, your chances of a jail sentence are low. The level of your BAC plays a key role in determining whether jail time is a possibility for you.
Your first court appearance after a Pennsylvania DUI arrest will be at an initial arraignment, or usually at a "preliminary hearing". At the arraignment, the charges against you will be read and you will be asked to enter a plea of guilty or not guilty.
This rule mandates that DUI offenders must be released promptly after arrest unless they pose a danger or are unlikely to appear in court. A criminal complaint must also be filed within five days of the arrest. Understanding this rule can significantly impact the outcome of a DUI case.
With the first offense, there usually is no license suspension. However, second and third offenses result in a 12-month license suspension. You will also be required to an ignition interlock device. This device requires drivers to perform a breathalyzer test before they start their car.
In Pennsylvania, eligible individuals convicted of DUI may be able to avoid severe mandatory minimum sentences by, instead, serving a sentence of intermediate punishment. The two available alternatives under the intermediate punishment program are house arrest and alternative housing (“half-way house”).
NEW LAW (EFFECTIVE NOVEMBER 9, 2022) The new law mandates that any newly imposed DUI sentences be imposed consecutively if the individual has two or more prior offenses (with one exception noted below). This addition will be added as § 3804(c. 2) under to the existing “Penalties” part of the law.
If the bodily alcohol content is . 16 or higher, 72 hours in jail is required. However, jail time is not mandatory for a first DUI in PA if the bodily alcohol content is general or less than . 10.
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After the arrest, they will take you back to the police station, where you have the option of taking a blood, breath or urine test. An experienced Philadelphia DUI attorney can make all the difference.Learn how Fienman Defense can guide you through the court process. Your refusal to submit to post-arrest testing can and will result in a driver's license suspension under Pennsylvania's "implied consent" law. Pennsylvania DUI laws are strict, and arrests lead to convictions in many cases. But, you do have options available. This page contains a step-by-step guide to the multiple stages of a Pennsylvania DUI case, from arrest to completion. Call and schedule a free consultation or simply fill out the contact form on our website. The reason behind a traffic stop is a crucial element in any DUI arrest in the Lehigh Valley. Driving under influence of alcohol or controlled substance.