If this is your third DUI within a 10 year period, you are looking at a minimum mandatory of one year in a state prison. You are also facing a violation in NJ for being arrested while out on bail. You need an experienced criminal attorney, preferably one who can practice in both states.
Attorney Keller is correct in his assessment of the mandatory minimum penalty you face if this is your third offense within 10 years. Consequently, it is important that you immediately speak with an experienced DUI Defense Attorney to get an evaluation of your rights and options.
Preliminarily, you should be prepared to provide the attorney with your understanding of the factual basis for the stop. The legality of a traffic stop is a fact-specific inquiry.
Additionally, since this is a DUI-Refusal, the strength of the prosecution's case will rise and fall on the thoroughness of the police investigation and the evidence produced from it.
You should consult with a Central PA DUI Defense Lawyer immediately.
The information provided herein neither creates an attorney-client relationship nor should it be used or relied upon to make any decision in your case. Communications made in open forums are neither made in a confidential setting nor protected by the attorney-client privilege. You should consult directly with an attorney to obtain a full evaluation of your case.
I agree with both prior responses about the penalty you are facing. NJ could increase your bail. Your legal issues are growing as a result, perhaps, of some addiction issues. You should consult with a Lancaster attorney to review whether you have any defenses to DUI #3, and to help to manage the timing of your sentence. You may ask for credit for time spent in an inpatient facility, though this is not guaranteed. You need a long term plan.
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