An individual charged with a DUI in Bucks County faces certain minimum mandatory sentences that are set by statute in the Commonwealth of Pennsylvania. Should an individual from out of state obtain a DUI in the Commonwealth of Pennsylvania, the individual is subjected to the same consequences that an in state individual may be subjected to. For instance, if a first time offender from Nebraska obtains a DUI and is convicted in the state of Pennsylvania, that person would still be subjected to the same minimum mandatory drug and alcohol evaluation which carries incarceration and/or fines and cost as well as safe driving school.
The only difference between an in and out of state resident, is when it comes to license suspensions. If states have less reciprocity with one another in terms of licenses and points in suspensions, then that person will lose their license for the requisite period of time depending on the DUI. However, in states where reciprocity does not exist with Pennsylvania – although the individual will have a suspension in the state of Pennsylvania – the individual’s license in their home state will not be affected.
Pennsylvania does not adhere to the national driver registry. Therefore all cases are not subjected to a national registry for purposes of DUI license suspensions. However, Pennsylvania does run a full FBI background check on any individual charged with DUI.
Should you have a DUI or equivalent DUI in another state, that DUI will be counted for minimum mandatory purposes. Therefore, using the example of Nebraska, even though Pennsylvania and Nebraska do not have reciprocal laws, that would often suspend the license between the two states. Nebraska does have less atrocity when it comes to whether or not a DUI’s first, second or third offense. Therefore, if it is determined that if you have two prior DUIs within 10 years in Nebraska and are arrested and/or convicted of DUI in Pennsylvania, then you face the consequences of a third DUI for driving under the influence.
In Pennsylvania, especially Bucks County, DUI is dependent upon the amount of alcohol in a person’s system. The minimum requirement for DUI in Pennsylvania requires a blood alcohol level at the time of driving which is 0.08 or more.
That 0.08 translates to a first offense DUI, if it is the person’s first contact with the DUI systems. That same reading can be treated similarly in other states that also use the 0.08 standard which is the standard that is used in the majority of states throughout the United States.
If 0.08 for a first offense occurs in Pennsylvania and that person, within 10 years, obtains a second DUI in a different state, such as New Jersey, then that second DUI will be graded as a second DUI as if the first DUI had also occurred in New Jersey.
Therefore, it is the measuring of the new DUI that determines the level of consequences and/or sentence. Regardless of the state where someone obtains a DUI, if it is within 10 years of receiving the first one, it can often significantly raise the sentence they face. Therefore, having an attorney with knowledge of DUI law, who has the ability to research outside laws, has a tremendous impact upon a sentence and whether or not an out-of-state driver will face incarceration for a second or third DUI.