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What exactly should i expect from the ASP program for a second dui?

Bethlehem, PA |

I had my first dui in NJ and recently had a second dui in Northampton County PA. They offer an asp program where i am doing as they ask but as of now i only have a trial date and heard i should have another date before that, and also i am not sure what to expect. I have read 90 days mandatory but was wondering if that means 90 days in county prison or other alternatives?

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Attorney answers 3


The ASP program allows you to do your 90 day sentence via the work release program which equates to you going to work and sleeping at the correctional facility. Alternative sentencing MAY be available, i.e. house arrest, inpatient treatment, etc., but you will need to consult with an experienced DUI defense attorney that can discuss with you your specific options.

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I agree with my PA colleague. Get an attorney!



Hire a lawyer to help you with this - because you have a prior out of state DUI (NJ) the attorney can help you to determine if the NJ DUI is substantially similar to the PA DUI. This is an element that has to be proven for the NJ DUI to act as a prior - in essence you should not be convicted for a 2nd DUI unless they do this. This is a technical argument that is best left to a good DUI lawyer. Traditionally mandatory minimum sentences have to be served in jail. Some localities have different rules.

DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Any response is intended solely to give you limited, yet, general information on the issue presented. Buta Biberaj of Biberaj & Snow, PC is licensed to practice law in New York, Maryland and Virginia. Her offices are located in Leesburg, Virginia.

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