DUI in Pennsylvania

UPDATED: Jul 3, 2009

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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


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

Answered 13 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 13 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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