Legal Question in DUI Law in Pennsylvania

Dui

A third DUI. It is my understanding in Pennsylvania that a mandated law for a third DUI can not be pleaded out by the DA. However, does the judge have any power to changed where the sentence is served. A third DUI is mandated for a state prison. Can the judge make it a county prison or how it is served such as weekends


Asked on 10/18/08, 5:58 pm

1 Answer from Attorneys
Brian Zeiger Levin & Zeiger LLP

Re: Dui

Two seperate answers to your question:

First, the DA can always go away from the mandatory minimum. The judge CANNOT go below the mandatory minimum. Therefore, your premise above is revered.

Second, all of the PA counties have intermediate punishment or treatment court for dui. Third dui's are eligible. often, they involved house arrest, work release in the county, or in patient drug and alcohol treatment.

I handle a lot of this stuff, so if you have more questions email me at [email protected] , or check out my dui site: http://6abc.lawinfo.com/expert/philadelphiaduilawyer/

Good Luck

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Answered on 10/18/08, 9:47 pm


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