Q: My business and all my vehicles are registered in PA but I live in another state. Will I have to do house arrest at the address that my license says or can I make a move and change the address before all this stuff comes down. I don’t want to put burden on my parents. It happened January 3rd. I assume I will have to go to school and might have to get one of those breath thingies in my car. I’m scared, frankly. (Boardman, OH)
A: It will be treated as a second DUI as it is within ten (10) years of the last one. As such, the statute reads 30 days to 6 months imprisonment and a $750 to $3000 fine. Of course, you will have other fines and costs, have a CRN evaluation and attend safe driving classes. If it is Allegheny County, you may be eligible for house arrest. Allegheny County will transfer your probation to the out of state county in which you live. What might be tricky, is transferring house arrest, electronic home monitoring. If the county in your state does not have such a set up, the Allegheny County probation office may not transfer it and you will have to set up a residence in Allegheny County, or do jail or alternative housing in Allegheny County.
Q: My 1st DUI was in 2004. I got the ARD program. My 2nd DUI was in 2012. I had house arrest, probation and 12-month license suspension. My 3rd DUI was in December 2017. Will this count as a 3rd offense, or the 2nd again since the 1st was over 10 years ago? (Pittsburgh, PA)
A: For sentencing purposes, this is a second DUI. You have spread them out but not enough to clear the requisite 10 years on each to get an ARD card. As noted, the DA will inform the judge at sentencing that it is your third overall DUI. The DA will consider the fact that this is your third and as such may recommend the higher end of the sentencing guidelines. All is not lost. You may be eligible for DUI hotel or house arrest.
Q: My son’s father just got his second DUI. The first was pretty bad. He had a fleeing and eluding charge that was dropped to a misdemeanor in exchange for 2 months in jail on work release. This time he crashed into someone’s garage, totaled his car, damaged the homes garage and both vehicles inside it. His BAC was a .167 the 1st offense. This time it’s a .141. He has a relatively long criminal record. With a public defender (or per se) how much time could he be facing? (Kittanning, PA)
A: A second DUI with a BAC between .10 and .159 calls for a minimum sentence of 30 days in jail. Not every county handles their DUI sentencing the same. In the larger counties, there generally are more options for alternative housing and electronic home monitoring. His prior sentence will probably foreshadow his new sentence so if I had to guess I would guess he may get 6 months in jail with some portion of it being work release. He will also have another driver’s license suspension, at least for one year. You really need to talk to an Armstrong County DUI attorney for a more specific answer.