First DUI prohibition??

[bug]

Is it possible to loose your gun rights with a first conviction of DUI? Is there some type of grading done on DUI? I understand that personal injury or property damage steming from a DUI accident could complicate matters but I'm talking a single, stand alone DUI conviction. In PA of course.

TIA

Bob D

[knight0334]

Typically, no with today's law and the version immediately prior. But as you noted, injuries and damages changes things which can raise the grading to M1 or higher.

Some really old versions of the DUI laws may be prohibiting since it would go by the penalty that was available at the time of the prior law.

[XavierBK]

Unfortunately speaking from experience, no. Other charges incurred could be but just a DUI hasn't prohibited myself.

[silkworm]

Unless there was significant property damage or injury, and if it was stand alone with no conviction of other charges that they love to tack on, then you should not be prohibited. It should just be a misdemeanor offense and perhaps less if you qualify for a program like ARD. Now you will need to complete all probation before attempting to buy a gun, in fact you aren't even supposed to have them in your possesion.

[spblademaker]

When you say "...first conviction of DUI", I guess this is the first time you actually got caught?

[Deleted]

Generally first time dui OFFENDERS are able to take part in the ARD program. ARD is not a "conviction" so does not make you a prohibited person.

[bug]

When you say "...first conviction of DUI", I guess this is the first time you actually got caught?

Sorry to disappoint you but it's not me. I was reading through a PASP pamphlet (SP4-135 [8-2007]) that you get when you buy a gun and came accross the statement. I know that prior to 1976, DUI (and drag racing) were punishable by up to 3 years. A conviction of either would disqualify you. I know that 3 convictions in a 5 year period will, also.

The statement reads, "Depending on the grade of the offense, certain DUI offenses could be prohibiting under Federal law upon the first conviction".

That is what prompted my question.

[Philadelphia]

Sorry to disappoint you but it's not me. I was reading through a PASP pamphlet (SP4-135 [8-2007]) that you get when you buy a gun and came accross the statement. I know that prior to 1976, DUI (and drag racing) were punishable by up to 3 years. A conviction of either would disqualify you. I know that 3 convictions in a 5 year period will, also.

The statement reads, "Depending on the grade of the offense, certain DUI offenses could be prohibiting under Federal law upon the first conviction".

That is what prompted my question.

I think what a lot of folks don't realize (until they get caught) is that DUI is a serious crime. If, for example, let's say someone is killed by your car and you are DUI, the defense of that case is pretty much impossible and the minimum sentence is 3-6 years upstate. Whether the circumstances were your "fault" can become, as a practical matter, irrelevant.

I drink plenty but you'll never find me behind the wheel after a drink. It's not worth it.

To answer your question more fully, no, a first DUI, without more (like accident, injury, death) is not prohibiting.

[bug]

I think what a lot of folks don't realize (until they get caught) is that DUI is a serious crime. If, for example, let's say someone is killed by your car and you are DUI, the defense of that case is pretty much impossible and the minimum sentence is 3-6 years upstate. Whether the circumstances were your "fault" can become, as a practical matter, irrelevant.

I drink plenty but you'll never find me behind the wheel after a drink. It's not worth it.

To answer your question more fully, no, a first DUI, without more (like accident, injury, death) is not prohibiting.

Yes, I get that additional charges can intensify the seriousness of the crime. What I'm trying to learn is what is meant by "grading the offense". The SP pamphlet I quoted does not specify...

[knight0334]

Yes, I get that additional charges can intensify the seriousness of the crime. What I'm trying to learn is what is meant by "grading the offense". The SP pamphlet I quoted does not specify...

Crimes have grades in PA:

There are (4) Felony Grades: F1, F2, F3, and F(which is a F3).

There are (4) Misdemeanor grades: M1, M2, M3, and M(which is a M3).

For the most part there is only (1) Summary grade, unless you get into specific statute titles. Example would be Title 34 game laws, which has 2 or 3 summary grades.

Then there are "Other crimes" - which are M2's if the max sentence doesn't make it a felony.

http://www.pitt.edu/~weinberg/grading.htm

Any felony grade that has a max penalty that exceeds 1 year makes you a prohibited person. Any state misdemeanor that has a max penalty that exceeds 2 years makes you a prohibited person.

Contributing circumstances to the violation could raise what would normally be a M2 to a M1, or even higher - that is "grading the offense".