Legal Question in DUI Law in Pennsylvania
Felony or misdemeanor
I was arrested for dui in 1986 I was not involved in an accident and noone was injured. I plead guilty and was sentanced to 48 hours to 24 months..I thought this was a misdemeanor at the time and now I'm being told it was a felony because of the sentance of 24 months. Am I considered a convicted felon?
2 Answers from Attorneys
Re: Felony or misdemeanor
it is not a felony because of the 24 months. DUI is a misdemeanor.
Re: Felony or misdemeanor
A DUI is a misdemeanor. The statute is at 75 Pa.C.S. section 3803. I'm curious as to why you are being told it is a felony. The federal government for some purposes will take into account that you committed a crime for which a sentence of imprisonment over one year "could" be imposed, even if it was not and I've run into that situation where they suspended benefits.