I got charged with a 2nd DUI(1st was 7 yrs ago), but am only being charged with a 1st offense. Will this be corrected at trial?

Asked over 1 year ago - Hamburg, PA

2nd DUI was the lowest level in PA (.08-.99)

Attorney answers (5)

  1. Zachary Cooper

    Contributor Level 13

    6

    Lawyers agree

    Answered . The first thing I would do is hire a qualified DUI attorney in the County where it happened. Unfortunately when the paperwork is orginally filed it almost always shows a 1st offense which will be amended at the preliminary hearing or when the case moves up to the county. It is very important that you talk with an attorney who can go through all your options for a 2nd offense within ten years as well as any possible defense.

    Which county did this happen in?

  2. William A. Jones Jr.

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . I agree that you should expect that the new charge will be treated as the second offense that it is. You need to have experienced criminal defense counsel who regularly handles DUI cases assisting you in this matter. Most here offer free consultations, so I would advise you to reach out to one or more from your area to speak privately about the situation. Good luck.

  3. Robert C. Keller

    Contributor Level 20

    4

    Lawyers agree

    Answered . My colleagues have it right. Once a background check is done, a correction will be made. The implications for a second offense are serious so you should retain an experienced criminal defe se attorney.

  4. Eric Michael Gibson

    Contributor Level 9

    4

    Lawyers agree

    Answered . I agree, chanes are it will be corrected somewhere along the line. If this is a second in Berks County you may be eligible for our Second Time Offenders Program (STOP).

  5. Robert Bond

    Contributor Level 10

    3

    Lawyers agree

    Answered . Unfortunately the discrepancy will be corrected once the DA do a crimininal record check and you will be charged with second offense DUI...

    Look up on my website the penalties for second time offenders... You really need to get an attorney who can fight for you...

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