Can I receive house arrest for my 3rd DUI. I have 2 jobs and can't lose them? I live in Erie pa this happened in elk county 130
5 attorney answers
I would make sure to talk with an attorney in the county where this occurred ASAP!! Every county handles house arrest differently, in fact some don't even offer it. Others do an IPP type sentence where part of the sentence would be in jail and part would be on House Arrest. An experienced attorney in the county where the arrest occurred will go over all of this with you as well as discuss any possible defenses in your case.
Yes, under the law you can for a 3rd, but not a fourth in 10 years but I have had judges give house arrest for a fourth in 10 years. I am not sure though if an Erie judge will give you house arrest for a 3rd though.
For a third tier, 3rd DUI within 10 years you are facing a statutory minimum of one year in jail if convicted. Your primary concern should be avoiding jail time, not house arrest.
You should always cooperate with police; that said your cooperation and respectfulness are irrelevant to the statute. If the DA pushes for a DUI conviction you will be facing jail time, not house arrest.
Retain an experienced DUI attorney as quickly as possible.
Answer is for informational purposes only and does not create an attorney-client relationship.
If this is your third offense within ten years, the minimum sentence is one year in jail if you are convicted. This is a state sentence and normally would be served in a state prison (no house arrest or work release. You better hire a seasoned criminal defense attorney.n