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Pa Dui Charges- how long to receive?

On Lawyer & Legal » criminal law & procedure

4,823 words with 5 Comments; publish: Wed, 05 Mar 2008 07:46:00 GMT; (800109.38, « »)

The state is: PA

My husband was charged with suspicion of DUI on Dec 30, 2007. We still have not received any charges in the mail. Does anyone know approx. how long it takes? We were pulled over on the way home from Delaware because the running lights were out which we did not know. State police smelled alcohol and took him for blood work. He had a rum and coke much earlier that afternoon around 1pm and we didn't leave DE until 7pm that night. The alcohol smelled was probably from my breath as I had a beer before we left but was not driving. He was not swerving, speeding, or anything. We really doubt that he was over, or anywhere near the .08 limit. We are wondering if the blood test came back under the limit do they let you know or do you just not receive charges? Could charges still be coming since it has been over two months now?

Any input would be appreciated. Thanks.

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  • 5 Comments
    • Quote:
      === Original Words ===

      What is the name of your state? PA

      My husband was charged with suspicion of DUI on Dec 30, 2007. We still have not received any charges in the mail. Does anyone know approx. how long it takes? We were pulled over on the way home from Delaware because the running lights were out which we did not know. State police smelled alcohol and took him for blood work. He had a rum and coke much earlier that afternoon around 1pm and we didn't leave DE until 7pm that night. The alcohol smelled was probably from my breath as I had a beer before we left but was not driving. He was not swerving, speeding, or anything. We really doubt that he was over, or anywhere near the .08 limit. We are wondering if the blood test came back under the limit do they let you know or do you just not receive charges? Could charges still be coming since it has been over two months now?

      Any input would be appreciated. Thanks.

      I have friend who had a accident fell asleep at the wheel.. and he did nto get the summons until 6 months later.. they have 1 year in PA to file the charges...

      everyone always says he only had one drink much earlier in the evening.. maybe its true.. BUT it was a rum and coke right? how much rum was in the drink what % of achoal was the rum? was it a 8oz class? 16 oz glass? exactly how much rum was mixed with the coke?

      extacly how much time passed from the last of the drink he had too when you where pulled over?

      if you can not anwser those question he might be over point .08.... you just don't know...

      what you will get in the mail is a summons with a court date telling you HAVE to appear in district court for a prlim hearing.. also attahced will be a order to get finger printing that will have a time and date he must get that done..

      if he gets this and does not do these things.. they will issue a arrest warrent for your husband.

      good luck.

      and NEVER drink mixed drinks and drive.. for the reasons I listed above... you dont know how much booze is in a mixed drink.. and you could be DUI with no intent of doing it.

      #1; Wed, 05 Mar 2008 14:12:00 GMT
    • Some PA jurisdictions can take months to file charges. You should get a certified letter with them. Your lawyer can make inquiries as to what the status of the prosecution is.
      #2; Wed, 05 Mar 2008 12:18:00 GMT
    • Your husband should ask the folks who stopped him what is going on.

      You certainly don't want him getting arrested for failing to appear in court.

      #3; Wed, 05 Mar 2008 08:40:00 GMT
    • It might, but it might not. Generally there is a narrative from the arresting officer or prosecutors office stating the facts of the charge (really this doesn't need to be any more than probably cause that you have committed the offense). If they have blood test they might include it in that statement, but it's certainly not required. Once charged, your lawyer can discover the particular evidence against you such as this.
      #4; Thu, 06 Mar 2008 08:30:00 GMT
    • You are right, you just don't know with a mixed drink. He says it was a pretty strong drink that he probably finished around 1:30pm. The charts that measure blood alcohol say he should be well below .08 around 7pm, especially after eating a big dinner but I believe every person is different and there is always a chance. We have learned that we will not be drinking at all when out.

      Our lawyer says not to contact the state police, ever about the charges. He showed us how to check the district court site to see if the charges appear because it will show up there even before you get anything in the mail. He also believes that charges should have been filed already but they can still be coming.

      If we get the summons, does it say what the blood test results are?

      #5; Thu, 06 Mar 2008 07:31:00 GMT