Legal Question in DUI Law in Pennsylvania

my husband has just gotten his 3rd dui. the last 2 were only 30 days apart and BAC each time was over .30...His lawyer is telling him he can go to rehab for 3 months instead of jail. Can this be true. He has already done 3 rehab in the last 2 1/2 years!


Asked on 1/20/10, 1:01 pm

1 Answer from Attorneys
Brendan Campbell Solomon, Berschler, Warren, Schatz, Flood & Monaghan

It depends on a few things. What was his BAC on the most recent DUI? If it was .16 or higher, there is a mandatory 1 year sentence. If his BAC was between .10 and .159, then it a 90 day sentence and if it was between a .08 and .10, then it's 10 days. Certain counties and Judges will give defendants credit for time spent at inpatient rehabs. So...YES. It is possible that he could get 3 mos in rehab, probation and a fine. If you want to discuss further, please contact me.

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Answered on 1/25/10, 1:26 pm


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