Legal Question in Criminal Law in Pennsylvania

2nd offense dui

My son had his first dui in aug 06-did ard & record was expunged in may-june 07.

He just got arrested for dui in a different county yesterday.

Can they use the first dui against him?


Asked on 9/28/07, 6:49 pm

2 Answers from Attorneys
Daniel Cevallos Cevallos & Wong, LLP

Re: 2nd offense dui

You should call a private attorney as soon as possible.

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Answered on 9/29/07, 12:16 am
Brian Zeiger Levin & Zeiger LLP

Re: 2nd offense dui

Technically this is a second DUI. If the new DUI occurred in the same county I would say absolutely this will be a second DUI. However, in the new county, the answer depends on whether they know that you had the first DUI. My guess is that they will know that you had the first DUI and that you got ARD even though it was expunged. I would be prepared as if this were a second DUI for purposes of the case and for purposes of reviewing the matrix.

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Answered on 9/29/07, 11:09 am


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