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?
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.
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.
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