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I got arrested for my third dui last night and refused to take a blood test, and I am out on bail in another state

Lancaster, PA |

I am out on bail in NJ for child endangerment. I got arrested in PA last night for a third dui and I refused to take a blood test, what is going to happen?

Attorney Answers 3

Posted

If this is your third DUI within a 10 year period, you are looking at a minimum mandatory of one year in a state prison. You are also facing a violation in NJ for being arrested while out on bail. You need an experienced criminal attorney, preferably one who can practice in both states.

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Posted

Attorney Keller is correct in his assessment of the mandatory minimum penalty you face if this is your third offense within 10 years. Consequently, it is important that you immediately speak with an experienced DUI Defense Attorney to get an evaluation of your rights and options.

Preliminarily, you should be prepared to provide the attorney with your understanding of the factual basis for the stop. The legality of a traffic stop is a fact-specific inquiry.

Additionally, since this is a DUI-Refusal, the strength of the prosecution's case will rise and fall on the thoroughness of the police investigation and the evidence produced from it.

You should consult with a Central PA DUI Defense Lawyer immediately.

The information provided herein neither creates an attorney-client relationship nor should it be used or relied upon to make any decision in your case. Communications made in open forums are neither made in a confidential setting nor protected by the attorney-client privilege. You should consult directly with an attorney to obtain a full evaluation of your case.

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3 comments

Asker

Posted

My first DUI was more than 10 years ago, does that come into play as a factor in the sentencing. You said if it is the 3rd one within 10 years its a minimum one year sentence. I did not realize until after I refused that they hit you with the highest tier for refusal. Also I forgot to ask this in my question, but would going to rehab help my case at all? My friend got arrested and when she went for sentencing she was in rehab and the judge gave her parole and mandated that she finish rehab as taking her out would be detrimental to recovery.

Shawn Michael Curry

Shawn Michael Curry

Posted

Along with any other criminal convictions, your DUI conviction that is outside of the 10 year look-back period would be factored into your prior record score and could be considered by the prosecutor in plea negotiations and the judge at the time of sentencing. Additionally, I would never deter anyone from rehab if they believe it can assist than on a personal level. In terms of the impact on your case, it can certainly be used as a mitigating factor and a request can be made to receive credit for in-patient treatment. However, you should not enter into such program thinking it will insulate you from all criminal consequences including incarceration. In-patient treatment is a factor that can be used along with others as part of a broader defense strategy for mitigation. It is the development and execution of this strategy that will allow you to fully maximize your position. It appears you appreciate the significant consequences you face and are serious about putting yourself in position to move forward in a positive direction at the conclusion of your case. If this is an accurate assessment of your position, you would be best served to contact a DUI defense lawyer directly by phone to discuss your case. Many attorneys in the area, like me, offer a free, initial phone consultation.

Jason S Dunkle

Jason S Dunkle

Posted

Attorney Curry has given a great assessment of your situation. I would recommend giving him a call to discuss your case.

Posted

I agree with both prior responses about the penalty you are facing. NJ could increase your bail. Your legal issues are growing as a result, perhaps, of some addiction issues. You should consult with a Lancaster attorney to review whether you have any defenses to DUI #3, and to help to manage the timing of your sentence. You may ask for credit for time spent in an inpatient facility, though this is not guaranteed. You need a long term plan.

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