Could I get probation or house arrest instead of jail time ? Or anything opposed to jail time

I'd like to answer your question and provide you with the most information possible but your question is a bit confusing as you don't indicate what your new arrest is for. Are you talking about what sentence you could get for the October 2011 DUI as it's still open? I'm going to answer assuming that's the question and if I'm wrong, you can leave a comment clarifying your question and I'll be happy to provide you with further information. So, I'm assuming that this is a second DUI in the past 10 years and you want to know what the result will be if you are convicted. The answer is it depends if it's a Tier 1, Tier 2 or Tier 3 offense. All three do require jail time as a second offense. In the counties around Philadelphia, many courts will accept house arrest or in-patient treatment as "incarceration" time credit. However, Philadelphia judges, in my experience, will not accept either but rather require that DUI convictions that call for jail time have the sentences served in the county jail. If the sentence is not too long, almost all judges will allow you to serve the sentence on consecutive weekends if that assists you with your job. If you're in Tier 1 (Alcohol BAC of .08 to .099 or general impairment), you face a mandatory minimum of five days in jail. If you're in Tier 2 (Alcohol BAC of .10 to .159), you face a mandatory minimum sentence of 30 days of incarceration. Finally, if it's a Tier 3 offense (Alcohol BAC of .160 or higher or a controlled substance), you face a mandatory minimum sentence of 90 days of incareration. Please understand that the judge has no discretion to give you a lower sentence but could give you a higher sentence as these are MANDATORY MINIMUMS. But, based on your information that these are your only contacts, it's unlikely that a Philadelphia Municipal Court judge would give you more than the mandatory minimum. Because you've been convicted of DUI before you're aware that there are other penalties associated with a DUI, including license suspension, fines and costs, parole/probation tails, alcohol safe driving classes, etc. An additional possibility with a second conviction is an ignition interlock device being installed in your car for a period of time. To assist you further, I've attached below a link to a "DUI Chart" that lays out the penalties for the different tiers of DUI convictions. You should be looking under the 2nd offense column as those would be the penalties that would apply to you if convicted. It's very important that you beat the case because if convicted I'm sorry to say that you are looking at some period of incarceration and house arrest and probation, as you asked, are unlikely. If you are seeking the assistance of an attorney please do not hesitate to contact me as I'd be more than happy to assist you. Brian M. Fishman [email protected] www.NennerLaw.com www.PhillyCriminalDefense.blogspot.com

You should have an experieced DUI attorney examine the discovery and see if you have any issues for trial. A not guilty is the only sure way of not receiving any jail time. Also Depending on the facts of the case, there are sometimes different outcomes that can be worked out with the district attorney. John M. Walsh, Esquire Driscoll & Walsh 2101 Pine St Philadelphia, PA 19103 215-758-9200

You need an attorney. The only way to avoid jail on a second DUI is if you beat the case. You may be able to do weekends and may also be able to lessen your time through going to rehab. However, you will not avoid jail if convicted. Michael L. Doyle (215) 900-5565

Your question is somewhat confusing. Is this a 2nd DUI or a 3rd DUI. I will assume the October 2011 DUI is still open and you are asking if there is a possibility of house arrest instead of jail time. This will depend on your BAC level if you are in Tier 2 (.10 %- .16%) or in Tier 3 (>.16%). If this is a Philadelphia DUI case and you reside in Philadelphia, there is a good possibility you will be eligible for the DUI Treatment Court and the 90 days mandatory minimum on a Tier 3 (2nd DUI) could be 10 days incarceration followed by 80 days of house arrest. If your BAC level is .08% - .099% or you are charged with only General Observation DUI charge then your jail time would be reduced to only 5 days in jail which could be served on weekend as well. If you want to avoid jail at all costs, a Philadelphia Judge will allow you to do an inpatient treatment facility for the amount of days you would be sentenced to jail. For example, if you are in the 2nd Tier and a 2nd DUI, the judge will allow you to do 30 days in an inpatient treatment facility and credit that time to the 30 day jail sentence. You have just avoided jail time in Philadelphia. Please call Steven E. Kellis, Esq. at 215-940-1200 to further discuss your question.