My husband had 2 DUIs while living in NJ. He was arrested last night for DUI in PA, where he now resides. Will his 2 prior arrests transfer to PA and will he be looking at facing the penalty for 3rd DUI offense?
DUI / DWI Attorney
If his prior DUI's in NJ were within the last 10 years then they will count as priors in PA. He should talk with and hire an experienced DUI attorney as soon as possible.
Criminal Defense Attorney
If Pa finds the NJ cases, this will be considered a third offense if the NJ cases occurred within the last 10 years. It is suggested an a criminal defense attorney with expertise in DUI cases be retained.
Your husband will be considered a third time offender if the other dui s were within the past ten years. He is looking at significant legal consequences if he is convicted this time. Thus, he needs to hire an attorney immediately.
The answer to this question would depend on multiple factors that I would need more information on to give a concrete answer. In general, DUI's from other states are discoverable by law enforcement here in Pennsylvania. Whether this would count as a third offense would depend on how old the two DUIs are in the state of New Jersey. Pennsylvania has a 10 year look back when deciding whether the current DUI offense is a first offense or subsequent offense. If those New Jersey DUI convictions occurred within the last 10 years then your husband would likely be looking at a 3rd offense DUI here in Pennsylvania. I would recommend that he contact a local attorney in Luzerne County who has experience handling DUI matters.