Every Friday we will take a look at some of the most commonly asked questions about Pennsylvania DUI so that we can clear up any misconceptions and provide you with the most up-to-date and accurate information. Today:
I was charged with a DUI in Maryland two years ago and was given a Probation Before Judgment. I was arrested for a DUI here in Dauphin County a few days ago. Will the charges in Maryland affect my current case?
A pre-trial diversionary program like Maryland’ PBJ is considered a conviction under Pennsylvania law. Due to cooperative efforts between states, prosecutors can easily find information on prior convictions. Therefore, you will likely be charged with second offense as the first incident occurred during the ten-year look back period.
However, there is some good news. For a Pennsylvania license holder, if you are convicted of a first offense when out of state, PennDOT takes no action against you. However, as this new offense is now your second offense within 10 years, you are looking at a license suspension (12-18 months) and mandatory jail time with total supervision up to 60 months. The mandatory minimums will vary depending on which impairment level (general, high, or highest) you are being charged with, if you are convicted. As you are facing a lengthy license suspension and jail time, it is in your best interest to seek out a qualified Pennsylvania DUI lawyer like the attorneys at The McShane Firm.
For more information about Pennsylvania DUI penalties, see our post The Legal Consequences for a DUI in PA for a more detailed description on Pennsylvania DUI Penalties for different categories .
If you would like to ask a question, please submit it via the contact us link.
-Justin J. McShane, Esquire, Pennsylvania DUI Attorney
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Justin McShane
PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.