DUI in Pennsylvania

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DUI in Pennsylvania

was driving 2:30 am got pulled over for a tail light out. didn’t pass field test. blew a .18 went to hospital for blood test. had ARD in 2007. will the ARD show up again and will this count as my second DUI or just first offense? how long is normal to lose your licence and do you think i will do jail time and if so how long. i know i am the max fine. i am just worried about the whole situation.

Asked on July 3, 2009 under Criminal Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

When a person completes the requirements of the ARD program, their DUI arrest will be expunged (cleared) from their criminal record.  However, if that person gets arrested on another DUI charge, the court will unseal their criminal record and that first offense that had been expunged previously will be reinstated and you will be tried as a repeat offender.

The penalty for a second DUI offense is as follows:

1st degree misdemeanor
90 days min. imprisonment
$1,500 min. fine
18 month license suspension
Attend Alcohol Highway Safety School
Mandatory 1 year Ignition Interlock
CRN Evaluation
Mandatory full D&A Assessment and compliance with D&A treatment as condition of sentencing

Additionally, you are not eligible for ARD this time around.  This means that you will have a permanent criminal record.  With ARD you were given a second chance - you blew it.  Nice going. 

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a Pennsylvania attorney, but my research suggests that you will be treated as a second offender, and that means a mandatory minimum of 5 days in jail, and it also looks like it's a mandatory 18-month license suspension, among other things.

This is a very serious charge, and you should have an attorney represent you if at all possible.


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