Skip to main content

What determines if you receive a jail sentence for being pulled over without a breathalyzer while having an interlock license

Harrisburg, PA |

i have 2 duis and this is the first time i have got in trouble for driving without a breathalyzer. i saw that there is a fine, additional loss of license, but the jail time says no more than 90 days and does not give a minimal mandate

+ Read More

Attorney answers 4


The Clurt has some discretion here but has the authority to impose the maximum. Additionally, if you are still serving your sentence for the DUI, you are facing a potential for additional jail time. You need to retain an experienced criminal defense attorney and stop driving.


It will depend on the Court's decision


As an ungraded misdemeanor, it will depend on your prior record. In Dauphin County, charges like this rarely receive incarceration, however, house arrest is an available option.

If you had a BAC above a .02 while driving, the court has much less discretion.

It is imperative that you speak with a local DUI defense attorney, such as myself to advise you appropriately.

F. Dean Morgan
Managing Attorney
The Morgan Law Firm


All three of my colleagues have answered your question correctly. However, to be honest, based upon the premise that this is your third offense, you are not offering the judge many viable options. Now it is time for you to hire to an experienced criminal defense attorney. Most offer a brief initial consultation at no charge. Pick wisely!