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I got charged with a DUI. Second offense, second tier, what can I expect for jail time and avoid it?

Palmyra, PA |

My first DUI was 2 years ago, I got into the ARD program and it was expunged from my record. Will the DUI charge I am getting be treated as a first time offense or second time? I think I will be second tier so what can I do to avoid jail time? How long can I expect my lisence to be suspended? I was compliant with the cops and did not cause any trouble when they pulled me over. They took me to the hospital to get my BAC. They said there was a program for second time offenders.

Attorney Answers 4

  1. ARD is considered a first offense even if it was expunged. Your new case will be treated as a second offense and you will be looking at a mandatory 30 days in jail. It's possible that an experienced criminal defense attorney may find alternative options for you. Good luck.

  2. You also have to know, since you gave blood, whether there may have been any drugs in your system. Remember, marijuana stays in your system for about 30 days and the dui statute requires that your need merely have mere presence of it in your blood, WITHOUT the requirement that you be under the influence of marijuana, for you to be convicted under the statute. Basil

  3. I'm in agreement with what has been said by Attorneys Keller and Beck thus far. I don't practice in Lebanon County so I am not familiar with what "they" meant by "a program for second time offenders." Hopefully someone who is will chime in. Seek the assistance of counsel without delay.

  4. In Lebanon county, if you are a resident of Lebanon County, you may be eligible for DUI Treatment Court. However, you must have a third tier offense (BAC above .16% or controlled substances)

    It is neither a gift, nor a goal. However, it is the lesser of two evils. This will be treated as a second offense. In addition, your license will be suspended for a period of 18 months if your BAC is above .16

    If you do not qualify for the DUI treatment court program, you may still be eligible for work release if you are a second tier.

    The first step is to have a full and fair evaluation of your case. Go to If you would like to know more about Pennsylvania DUI law, go to

    F. Dean Morgan, Esquire
    The Morgan Law Firm

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