A friend just got a DUI which will be the 3rd one, but only 2nd in a ten year time frame. She refused the blood test also .

Asked over 1 year ago - Erie, PA

What kind of sentencing could she possibly be looking at?

Attorney answers (5)

  1. Ross Marvin Miller

    Contributor Level 11

    6

    Lawyers agree

    Answered . First off, your friend should retain an attorney as soon as possible to start working on her case. In Pennsylvania, the mandatory minimum penalty for second DUI offense in a 10 year period with a refusal is 90 days in jail, a fine of $1500.00, a licence suspension of 18 months and an ignition interlock device. It is imperative that she retain an attorney who is experienced with DUI offenses.

  2. Robert C. Keller

    Contributor Level 20

    5

    Lawyers agree

    Answered . If she pleads guilty or is found guilty, she is facing a minimum of 90 days in jail and a $1500 fine. There is also a requirement for an alcohol evaluation and treatment. She will also have to complete safe driving course. She will also leave terms driving license suspended. She needs to retain an experienced criminal defense attorney to determine what is her best option.

  3. Michael Lawrence Doyle

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . This will be treated as a second DUI and your friend can expect at least 90 days of incarceration. Given that this is the third overall it may be longer. This is highly indicative of a problem drinker. Getting help may keep the judge from going higher than the mandatory minimum and may even convince the DA to offer something below the minimum. Regardless, an evaluation will show them your friend is taking this seriously.

  4. James C Forslund

    Contributor Level 19

    5

    Lawyers agree

    Answered . A lengthly jail sentence. She needs to retain a defense attorney right away.

  5. Robert E. Mielnicki

    Contributor Level 8

    2

    Lawyers agree

    Answered . She is facing a mandatory minimum of 90 days and a maximum of 5 years. i have been practicing criminal defense for over 20 years in many counties and I have never seen anyone get the maximum on a 2nd in ten years, and a 3rd overall. It would help if you told us what county this was in. In Pittsburgh, this person is looking at 90-180 days of house arrest. Of course, if she refused, and she has some legitimate reason for refusing, other than fear of the result if she drank too much, she could go to trial and win the case. More information would be helpful.

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