Dui while on parole

[Kristen7884]

Jurisdiction

Pennsylvania

My fiancé was pulled over Dec 2016. He was on medication he was prescribed but also something he wasn't. He works 3rd shift and took an adderral to keep awake. He was just charged through the mail with a dui. He is on state parole and hasn't been arrested but we are almost certain he will be. What's likely to happen?

 

[army judge]

My fiancé was pulled over Dec 2016. He was on medication he was prescribed but also something he wasn't. He works 3rd shift and took an adderral to keep awake. He was just charged through the mail with a dui. He is on state parole and hasn't been arrested but we are almost certain he will be. What's likely to happen?

He'll face the DUI charge for sure.

His parole required him to report ALL police contacts, incidents, arrests, and charges.

Because it appears he hasn't, his PO will likely become involved.

That means he'll be held on a parole violation, and could be revoked.

He needs to report this, otherwise it'll insure harsher treatment from his PO.

He should plead not guilty on the DUI.

He shouldn't try to explain, as you did here.

He should remain silent and ask for a public defender.

When/If he is revoked, maybe confined, he also needs to request a revocation hearing and a public defender.

He should get his affairs in order, as he'll probably be returned to prison, one way or another.

 

[Kristen7884]

He let his parole office know when it happened, they were trying to use my fiancé as a set up to bring others down. Parole office said no way. So cops eventually charged him after 9 months. He will be seeing an attorney hopefully this week but I'm hoping to have some answers in case he is returned to jail before he gets there.

 

[army judge]

He let his parole office know when it happened, they were trying to use my fiancé as a set up to bring others down. Parole office said no way. So cops eventually charged him after 9 months. He will be seeing an attorney hopefully this week but I'm hoping to have some answers in case he is returned to jail before he gets there.

He is the only one who can obtain answers about his charges, other than his attorney.

 

[Kristen7884]

What is the likelyhood he will be returned to jail? What is the punishment for 1st time dui?

 

[adjusterjack]

Pennsylvania: A first DUI conviction where the driver was convicted based on impairment or having a BAC of .08% or more but less than .1% is a misdemeanor. A convicted driver is looking at $300 in fines, a six-month term of probation, and up to six months in jail. The motorist will also have to complete an alcohol safety class and may be required to participate in substance abuse treatment.

That added to his parole violation is almost going to guarantee him a stretch in jail, likely for a lot more than 6 months with the combination of a parole violation and DUI conviction.

 

[army judge]

What is the likelyhood he will be returned to jail? What is the punishment for 1st time dui?

A DUI, especially a 1st time DUI, is a traffic offense.

It is extremely rare when a person gets jail time, ASSUMING he or she is convicted on a DUI.

The real pain with the 1st DUI, and any others, is the financial hit.

Some people often get fired.

Insurance rates will skyrocket, driving privileges could be lost, community service costs you time, classes cost money, and all the other troublesome penalties.

However, if illegal drugs (or drug abuse) were involved, that COULD change his outcome.

All I've said is simply guessing.

Each case is different, and all he can do is plead not guilty, don't discuss anything, ask for a public defender.

As I said, his biggest problem is the parole, and what his PO decides to do about the illegal drugs he was found to have used.

Now he'll probably pay the price for refusing to cooperate with the drug police.

Too bad he ever abused any drug, and then refused to work with the coppers.

 

[Kristen7884]

His PO is a nice guy, he's never been in any trouble with him and he knew what was going on. He advised my fiancé NOT to work with the cops Bc he's on state parole and that would be a violation in itself by placing drugs in his hands to set people up. It doesn't make sense to me that they waited 9months to charge him.

 

[Highwayman]

He should let his attorney deal with this. You can't help him by playing arm-chair lawyer. We also cannot predict what will happen, so asking questions here about "what might happen" is a waste of time.

 

[Kristen7884]

Oh ok. Thanks for the help!