Can a second DUI be treated as a first offense if the time period between is more than 5 years?
In PA, if a person is arrested for a DUI, and then arrested again more than five years later with no offenses in between, can the second DUI be treated as a first offense?
natasha p
Posted 2 years ago
no, it doesnt matter how long ago it has happen, unless it was expunged… even then they can bring it up and use it against you. but if you just had one 5 years ago and got another one they will treat it as second offence, and be harder on you.
the thing with 5 years is when you are applying for something where they check the background (usually govnt, not business), they will look and see if you had anything else within those 5 years. if not they would most likely overlook it, determine that 5 years is long enough and the person behaved and learnt his/her lesson. in your case… sorry, but it will only make it worse
ljl0979
Posted 2 years ago
In PA, they use the ARD program for first time offenses in a large majority of cases. Under the ARD program, once all the court requirements (typically fines, classes, community service, probation, etc) are completed, the DUI is “expunged” from your record. However, the offense is still visible to the police and court system in the case of a second DUI offense.
In PA under the ARD program, you must go 10 years (not 5) in between offenses before a second-offense DUI will be treated as a first offense. So, for example, if you got a DUI and had it expunged in 2000, you must go 10 years (2010) before a second DUI will be treated as a first offense.
Long story short, assuming the first offense was processed under the ARD program, a second offense within 5 years would be treated as a second offense, not a first offense. If the first offense wasn’t processed under ARD, it will still be treated as a second offense.
Heaven K
Posted 2 years ago
A DUI is an incremental criminal offense. i.e. the law counts how many times the offense has occurred. Also, the giving of a driving license is an agreement entered into between you and the state. As such it is in the state’s interest to insure the safety of everyone on the road, including your own. DUI’s have no statute of limitations, i.e. they do not ever expire. There could be 10 to 20 year periods in between and they still increment by one each time.
Really the driver’s license is seen as a life agreement. Your entire life you have this ongoing agreement with the state. Breaking regulations never enter the criminal arena, but criminal offenses are always kept on record. i.e. a parking ticket isn’t a criminal offense, they may prosecute you to force you to pay, but there’s no crime committed.
A DUI also is a misdemeanor that has the POTENTIAL, given other included circumstances, to be elevated to a Felony charge.
This is key. Due to that fact alone, they would never forgive a DUI. They could if they wanted to, include a prior conviction as a grounds for elevating a charge to felony, given other circumstances of course.
Always, always always fight a DUI. You do not want not even one on your record. And, always get an attorney. Don’t rely on a public defender.
science and technology committee house
Posted 1 year ago
Super Website…
[...] that is the end of this article. Here you’ll find some sites that we think you’ll appreciate, just click the links over[...]…
Other Questions
In PA, if a person is arrested for a DUI, and then arrested again more than five years later with no offenses in between, can the second DUI be treated as a first offense?
natasha p
Posted 2 years ago
no, it doesnt matter how long ago it has happen, unless it was expunged… even then they can bring it up and use it against you. but if you just had one 5 years ago and got another one they will treat it as second offence, and be harder on you.
the thing with 5 years is when you are applying for something where they check the background (usually govnt, not business), they will look and see if you had anything else within those 5 years. if not they would most likely overlook it, determine that 5 years is long enough and the person behaved and learnt his/her lesson. in your case… sorry, but it will only make it worse
ljl0979
Posted 2 years ago
In PA, they use the ARD program for first time offenses in a large majority of cases. Under the ARD program, once all the court requirements (typically fines, classes, community service, probation, etc) are completed, the DUI is “expunged” from your record. However, the offense is still visible to the police and court system in the case of a second DUI offense.
In PA under the ARD program, you must go 10 years (not 5) in between offenses before a second-offense DUI will be treated as a first offense. So, for example, if you got a DUI and had it expunged in 2000, you must go 10 years (2010) before a second DUI will be treated as a first offense.
Long story short, assuming the first offense was processed under the ARD program, a second offense within 5 years would be treated as a second offense, not a first offense. If the first offense wasn’t processed under ARD, it will still be treated as a second offense.
Heaven K
Posted 2 years ago
A DUI is an incremental criminal offense. i.e. the law counts how many times the offense has occurred. Also, the giving of a driving license is an agreement entered into between you and the state. As such it is in the state’s interest to insure the safety of everyone on the road, including your own. DUI’s have no statute of limitations, i.e. they do not ever expire. There could be 10 to 20 year periods in between and they still increment by one each time.
Really the driver’s license is seen as a life agreement. Your entire life you have this ongoing agreement with the state. Breaking regulations never enter the criminal arena, but criminal offenses are always kept on record. i.e. a parking ticket isn’t a criminal offense, they may prosecute you to force you to pay, but there’s no crime committed.
A DUI also is a misdemeanor that has the POTENTIAL, given other included circumstances, to be elevated to a Felony charge.
This is key. Due to that fact alone, they would never forgive a DUI. They could if they wanted to, include a prior conviction as a grounds for elevating a charge to felony, given other circumstances of course.
Always, always always fight a DUI. You do not want not even one on your record. And, always get an attorney. Don’t rely on a public defender.
science and technology committee house
Posted 1 year ago
Super Website…
[...] that is the end of this article. Here you’ll find some sites that we think you’ll appreciate, just click the links over[...]…
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leonguy300
Posted 2 years ago
only if the DA doesn’t catch the first one, or is really nice.