DUI Articles
What is the 10 Year PA DUI Rule?
The 10 year DUI rule in Pennsylvania means that there is a 10-year lookback period for PA DUI offenses. In other words, if youâve been arrested for a subsequent DUI and you have had a prior DUI, but that DUI conviction occurred more than 10 years ago, the subsequent DUI will be treated as a first-time offense.
This is important for both ARD eligibility and potential DUI penalties. For example, the difference in a mandatory minimum jail sentence between a first-time and second-time DUI for a BAC between 0.10 and 0.159 is 2 days for a first-time offense and 30 days for a second-time offense.
However, if you have not had a DUI within the last 10 years, youâll likely be eligible for ARDin order to avoid the mandatory minimum sentence.…
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What happens if you refuse to take a breath test following a PA DUI stop?
Some people are misguided into refusing take take a breath, blood, or urine test when they get arrested for a DUI. Someone always has a friend who convinces everyone that there is a Constitutional rightâ to refuse a breath, blood, or urine test and doing so can help you get away with drinking and driving. While it is true that you do have the right to refuse a breath, blood, or urine test, it is not without consequences.
This is because Pennsylvania is an implied consent state. When you receive your driverâs license, you give your consent to take a chemical test if you are pulled over on suspicion of drinking and driving.
If you refuse to take a breath, blood, or urine test in Pennsylvania following a DUI arrest, you will have your license revoked a minimum of one year and will face three days in prison. The administrative …
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What is ARD? How does ARD work?
ARD stands for Accelerated Rehabilitation Disposition. It’s a program in Pennsylvania for first-time DUI offenders. Even if this is your first DUI, Pennsylvania law requires a mandatory minimum sentence of two days of jail unless the Defendant successfully completes ARD. However, by being accepted into and completing ARD, you may be able to avert jail.
To see if you will qualify for ARD, you will need to seek the counsel an attorney since different counties in PA have different requirements. Generally, if this is your first DUI offense, you should qualify provided that your DUI did not result in an accident causing injury or death and a child under the age of 14 was not in the vehicle.
If you are accepted into ARD, you’ll still have to pay court costs and fees, your license can be suspended from 30 to 90 days, you’ll be under probation for a certain …
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What happens when you take a PA DUI case to trial?
If you are looking to fight a DUI charge, you’re probably interested in what the process is from your not guilty plea until the jury’s verdict is delivered. Between the time of your not guilty plea and the time of your trial, your DUI defense attorney will seek discovery in order to access information that the District Attorney will use against the Defendant. Additionally, your DUI defense attorney has an opportunity to file pre-trial motions that will affect your case at trial.
Examples of pre-trial motions would be a motion to suppress certain evidence or statements that are sought to be used against you. Common examples of evidence that may be suppressed is if you confessed to drinking and driving without being read your Miranda rights or if the police failed to follow the required procedure in administering a field-sobriety test.
Prior to your trial, the prosecutor and defense counsel …
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