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What is the sentence for a 3rd probation violation with the original sentence being a 2nd DUI of the Highest Tier?

Chambersburg, PA |

My friend was sentenced on a 2nd DUI highest tier in February 2008. He received 60 days with early release to DRC and house arrest for 1 month plus 5 years probation. He completed the DRC program.
In Feb 2010 he violated probation by drinking with a BAC of .13 and spent 7 days in jail, was given a warning, and was to get the alcohol bracelet the next day.
Seven hours after he got out of jail he was arrested for a 2nd violation because of drinking. The judge had counted the warning. A Drug and Alcohol evaluation said he did not need inpatient rehab. He received 90 days of jail time and 90 days of Intense Probation with the original 5 years of probation to be reinstated and outpatient rehab.
After 20 days he received his 3rd violation for drinking with a BAC of .275.
Thank you .

Attorney Answers 2


There is no standard sentence for a probation violation, and although there is a mandatory minimum sentence for the DUI violation a Judge would not be bound to set the mandatory minimum as the sentence in the case - if the Judge found reasons, the Judge could increase the sentence.

Steven F. Fairlie, Esq.
Fairlie & Lippy, P.C.
1501 Lower State Road, Suite 304
North Wales, PA 19454
voice: (215) 997-1000
fax: (215) 997-1777

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There is not set sentence as Mr. Fairlie said however your friend could be sentenced to his total back time for the DUI less the time already spent in prison. He will not get credit for time he spent on the street.

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