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

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?

Lancaster, PA -

Attorney Answers (3)

Shawn Michael Curry

Shawn Michael Curry

DUI / DWI Attorney - Harrisburg, PA
Answered

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... more
Robert C. Keller

Robert C. Keller

Criminal Defense Attorney - Havertown, PA
Answered

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.

Mark Forrest Walmer

Mark Forrest Walmer

DUI / DWI Attorney - Lancaster, PA
Answered

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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