Is it possible to get house arrest for 2nd dui

Asked over 4 years ago - Ardmore, PA

I got my first dui almost 2 years ago. i recieved my second a couple of nights ago and i refused the blood test. Although i wish i had not bc i swear something was slipped into my drink. my dad when he picked me up said i was hallucinating. anyway i was just wondering if there was anyway i could get house arrest instead of jail time. i know i messed up and im prepared to pay for it and do my time. i just wanted to know if there was anyway to get house arrest over actual jail time?

Attorney answers (2)

  1. Michael DeMatt

    Contributor Level 9

    Answered . It is certainly possible. I would venture to say that most counties would offer some form of house arrest in lieu of the mandatory jail sentence for a second DUI. The DA's office should have some kind of policy about when house arrest can be offered. In my experience, most DA's would offer house arrest for a second DUI. If the DA is not willing to do so, sometimes a judge may be willing to give you house arrest. Unfortunately, this can be unpredictable and depends on the particular judge.

    It is unfortunate that you refused the blood test, though, as that will mean you will have to serve an additional one year license suspension beyond the one you get for the DUI.

  2. Adam D. Zucker

    Pro

    Contributor Level 17

    Answered . First this is very important. You need to get an attorney and request that the blood sample be preserved. I would do this right away. Since the second DUI was only a few nights ago this will be possible but you need to act fast. if you think that your drink was spiked with something this could be important. Of course if your BAC was high enough the DA would argue that you were DUI regardless but there still could be a very good defense. It could also serve as defense if you decide to challange the extra year license suspension you will be given for the refusal.

    Regarding the specifics of your question I see that you are in Ardmore. If you were arrested in Montgomery County the DA does not offer house arrest as an option but other counties do offer house arrest depending on the legnth of your sentence.

    Best of Luck!

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