Legal Question in DUI Law in Pennsylvania

2nd offense
I received a 2nd dui and I am still only convicted of my 1st dui. I also have not attended my ARD hearing for my 1st offense yet. I understand that they can be both be considered 1st offenses. I was wondering how the penalties are adjusted when two dui's are considered 1st offenses and is ARD now completely out of the question? Thanks for your time.

Asked on 6/01/08, 7:20 am

3 Answers from Attorneys

James Monaghan Law Office of James V. Monaghan

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Re: 2nd offense

The answer to your question is entirely dependant on the county in which you are being prosecuted. Under recent caselaw, the district Attys office does not have to treat them as 2 first offenses. Likewise, some DA's will allow you to complete the ARD program if you plead to the second offense. We practice in the five counties surrounding Phila. Contact me for more details.

Jim

Answered on 6/02/08, 8:42 am

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Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

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Re: 2nd offense

Under the law, they CANNOT both be considered first offenses. The Superior Court has ruled on this recently. However, some counties may still consider them to be both first offenses until the Supreme Court rules. It is likely that your ARD offer will be revoked as a result of your second arrest. ARD is at the discretion of the District Attorney.

Answered on 6/01/08, 8:51 am

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