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?


Asked on 8/22/07, 9:25 am

2 Answers from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Felony or misdemeanor

it is not a felony because of the 24 months. DUI is a misdemeanor.

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Answered on 8/22/07, 5:52 pm
John Gibson John W. Gibson, Esquire

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.

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Answered on 8/22/07, 11:07 am


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