My dad is fromPA and got a DUI in West Virginia. How will this affect him in PA?. He had previous DUI 7 yrs ago in PA.

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My dad is fromPA and got a DUI in West Virginia. How will this affect him in PA?. He had previous DUI 7 yrs ago in PA.

Asked on May 6, 2009 under Criminal Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Also, I forgot to add that you stated that your dad's first arrest was 7 years ago.  Check to see if it is still on his driving record.   In PA a DUI remains on the driving record for 7 years.  If it has been already taken off this will change things.  But again have him speak with an attorney.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Even though this offense occurred out-of-state there are reciprocity laws between states.  This means that West Virginia will notify Pennsylvania of the DUI and PA will then treat it as though it happened in PA.  The DUI law, as to a second offense, can be determined in the following way.

First of all, PA operates behind a three-tiered definition for DUI based on a driver's BAC:

  • General impairment: 0.08% to 0.099%
  • High BAC: 0.10% to 0.159%
  • Highest BAC: 0.16% and up

General Impairment

 Second offense:

  • Have your license suspended for one year.
  • Spend five days to six months in jail.
  • Get slugged with a fine ranging from $300 to $2,500.
  • Attend mandatory alcohol highway safety school.
  • Be ordered to seek alcohol and drug treatment.
  • Get saddled with an ignition interlock system for one year.

High BAC

  • Second offense:
  •  
  • Automatic one-year driver's license suspension.
  • Get pitched into jail for 30 days to six months.
  • Be fined anywhere from $750 to $5,000.
  • Attend mandatory alcohol highway safety school.
  • Be ordered to seek alcohol and drug treatment.
  • Get burdened with an ignition interlock system for one year.

 Highest BAC

  • Second offense:
  • Charged with a first-degree misdemeanor.
  • Automatic 18-month suspension.
  • Ordered to spend 90 days to five years behind bars.
  • Fined anywhere from $1,500 to $10,000.
  • Attend mandatory alcohol highway safety school.
  • Be ordered to seek alcohol and drug treatment.
  • Get stuck with an ignition interlock system for one year.

In addition to court-ordered penalties, you will also get socked by higher car insurance rates that can dog you for the rest of your driving life.  Your rates typically will triple, and in some cases your insurance carrier might drop you. 

 Since this is a criminal matter with severe consequences, your dad should speak to an attorney in his area.  Preferably one who specializes in DUI cases. 

 

 


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