Q: If a 17-year-old with no license receives an underage drinking citation with an immediate loss of license for 3 months, but doesn’t get his license until he is 25, is the citation still valid?
A: Assuming you pleaded guilty or were found guilty of the underage drinking offense, the correlating driver’s license suspension from PennDOT does not take effect until the person gets a driver’s license, if they had none at the time of the offense. PennDOT doesn’t forget.
Q: My husband has a suspended license. He hasn’t had a license in 22 years since his first DUI because he never got it back. He just received a DUI and refused breathalyzer. Will he get house arrest, or will he get jail? We need him at home to pay the bills.
A: Since ten years have passed since his first DUI, this will count as a 1st DUI. The statute calls for 72 hours to 6 months of incarceration because this is a “refusal” and a $1000 to $5000 fine. His driver’s license will be suspended for 1 year on the DUI. He will likely be cited with section 1543 b of the Motor Vehicle Code for driving under a DUI suspended license. This will result in another license suspension of at least one year. Since he has no license, this means that he will be unable to have driving privileges for a period of at least 2 years after he applies. He is not going to jail and will likely get 3 nights in DUI Hotel or house arrest for 6 to 12 months, in addition to fines, costs, a Drug and Alcohol assessment and classes. The penalties for driving under a 1543 (b) suspended license are 60 days in jail and a $500 fine for the first offense. I would invest in an attorney for the Preliminary Hearing and try to get the 1543 (b) dropped to a lower offense so he avoids the additional year of suspension. Riding a DUI bicycle for one year is better than two.
Q: This is my 1st offense DUI with no injuries but I did refuse the breath test. I don’t live in PA. I live in Michigan. If I’m found guilty or I plead guilty what will my penalty be? Jail time? Fines? I posted a $2000 cash bond. Also, would they extradite from Michigan for failing to appear on it? I guess I’m just asking what I’ll get if found guilty and or if they will extradite? A: Whatever you do, do not blow this off. Get an attorney in Pittsburgh and get advice. Not appearing in court here will end up with a warrant for your arrest which will be active in Michigan. They will not come looking for you with the task force. However, if you have contact with police in Michigan or anywhere, even for something as harmless as a traffic ticket, if they see the warrant, they will take you to jail. You will wait at least 20 days in jail to see if PA will extradite you, which they probably won’t. Handle this now. If you have no prior record, you may be eligible for a first-time offender’s program called Accelerated Rehabilitative Disposition (ARD) which will be like a slap on the wrist, albeit an expensive one. There is no jail time, and more importantly no conviction on your record if you complete the program successfully. Unfortunately, the refusal of the BAC testing will hurt. It is a one year license suspension which will be sent from PennDOT to the DMV in Michigan for enforcement according to Michigan law. I suggest a DUI bicycle. Michigan is relatively flat.
Q: I was caught driving on a suspended license for the 8th time. This time in Dauphin County. I live in Westmoreland. Can I appeal the sentencing? I missed my court date with the district justice office and got 6 months county prison time. I have appealed it, but was wondering what my chances are of getting the sentence changed to something other than prison time. I know of people who have been caught 15 times or more and did no jail time. (Murrysville, PA)
A: I cannot tell if this a Motor Vehicle Code 1543 (a) or (b) suspension. 1543 (b)’s are DUI related and carry additional penalties under the habitual offender statute. If you have appealed in a timely fashion, you may be able to receive a sentence of house arrest or electronic home monitoring. However, I am unfamiliar with the practices of the DA and courts In Dauphin County, so you will have to confirm this with a Dauphin County attorney. You may want to hire the attorney who has kept your friend with 15 license suspension convictions out of jail. Be aware though, you may face problems in having Dauphin County transfer an electronic monitoring house arrest sentence to Westmoreland County for supervision.
Q: My friend has an intense fear of needles and was in a car accident. He was taken to the hospital and was asked for a blood test. He informed them he was terrified of needles and was willing to do anything…. urine, breath or to figure out a way for a blood test but he had a very strong fear of needles. They said okay and drove him home. Now they are saying he refused and he will lose his license for a year. Is there any kind of disability that they were unaccommodating here? Unwilling to numb or knock him out or something? Surely there is some alternate procedure for people with this phobia that he was denied? (West Newton, PA)
A: You have no choice in PA as to what test is given. If the arresting authority had no breathalyzer machine, they had no choice. 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, under the strict administrative rules of the PA Department of Transportation. The only defense I can imagine to this is if he has a doctor testify of this needle phobia existing prior to the DUI and of prior incidents in which he could not be treated medically with injections. Courts are generally not receptive to arguments like this or other similar ones such as person’s alleging they cannot urinate in a bottle.
Q: I was caught driving on a suspended license for the 8th time. This time in Dauphin County. I live in Westmoreland. Can I appeal the sentencing? I missed my court date with the district justice office and got 6 months county prison time. I have appealed it, but was wondering what my chances are of getting the sentence changed to something other than prison time. I know of people who have been caught 15 times or more and did no jail time.
A: I cannot tell if this a Motor Vehicle Code 1543 (a) or (b) suspension. 1543 (b)’s are DUI related and carry additional penalties under the habitual offender statute. If you have appealed in a timely fashion, you may be able to receive a sentence of house arrest or electronic home monitoring. However, I am unfamiliar with the practices of the DA and courts In Dauphin County, so you will have to confirm this with a Dauphin County attorney. You may want to hire the attorney who has kept your friend with 15 license suspension convictions out of jail. Be aware though, you may face problems in having Dauphin County transfer an electronic monitoring house arrest sentence to Allegheny County for supervision.
Q: I was given a refusal to breathalyze by the cop, reckless driving and a DUI how long am I likely to lose my license.
A: If you are ARD (Accelerated Rehabilitative Disposition) eligible, you will receive a 60 day license suspension on the DUI. If you do not receive ARD, you will receive an 18 month suspension on the DUI. PennDOT will suspend it another year for the refusal. If you plead guilty to the Reckless Driving, you will receive a 6 month suspension from PennDOT. I advise hiring an attorney to mitigate your damages.