If I had a DUI 16 years ago and now get another, will this be considered my first or second offense?

Question Details:I had a DUI 16 years ago and went through ARD at that time. I just got another one;BAC was .23. The charge says 1st offense. Will I be eligible for ARD again since its over 10 years? If not, what should I expect?

Asked 5 years ago under DUI / DWI | 5216 Views | More Legal Topics

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M.D., Member, California and New York Bar | FreeAdvice Contributing Attorney Answered 5 years ago

You have fallen outside of what is known as the "look back period".  This is the period of time in which a court will look back into an offender's record for sentencing purposes.  In PA the look back period is 10 years.  Since your last offense occurred 16 years ago, this most recent DUI will be treated as a first offense.

Given your BAC, the penalty is as follows:

  • License suspended for one year.
    • Face anywhere from 72 hours to six months in jail.
    • Get jabbed with a fine ranging anywhere from $1,000 to $5,000.
    • Attend mandatory alcohol highway safety school.
    • Be ordered to seek alcohol and drug treatment.

    Additionally, my research suggests that, you are not eligible for ARDthis time around.  This means that you will have a permanent criminal record. You should consult with an attorney that specializes in theses type cases.   

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