Q: I was recently pulled over and I got a DUI in Tionesta. They sent me my paper work and it states DUI 1st. I know it is my 3rd within 10yrs. I recently had my oldest son move in with my fiancé and me. I have a great job. I stopped drinking but recently started again due to family issues. I am not an angel but I am a good man. I just want to handle this situation the best way possible to avoid more discomforts for my family. (Swisshelm Park, PA)
A: The charges at this point are merely a police complaint. The police likely did not have access to your entire criminal history during the arrest and arrest warrant process. It is customary for the DA to review the case after the preliminary hearing and amend the charges after they have run your FBI and PA State Police background. As a third DUI, you could be looking at 90 days if your blood alcohol level is below .16 and one year in jail if over .16. You need to have a criminal defense attorney review this case to see if you have any plausible defense, probable cause or other, and if not, what plea options you might have. If you are over the .16 level, you may want to involve yourself proactively in therapy. Again, consult with an attorney to discuss your options.