Eight years ago, I entered a No Contest (Nolo Contendere) plea for DUI. I just picked up a new DUI arrest. Its a tier three DUI.
I went and talked to my lawyer and she said that I was looking at 90 days. I thought that a first DUI for tier three is a 72 hour. How can I be looking at 90 days, that’s the penalty for a second DUI within 10 years for a tier three DUI?
When a person enters a a No Contest plea, that simply means that the person does not admit to doing anything wrong. However, the judge then must decide whether to find the person guilty or not guilty based on the facts presented by the district attorney. Almost always the judge finds the person guilty.
In order to get recidivised on any crime in PA, you only need be found guilty of the previous crime. Therefore, you are looking at 90 days.