Legal Question in DUI Law in Pennsylvania

1st/2nd DUI in PA

If you had ARD the first time for a DUI in PA and its been over 5 years since then, If you would get a DUI again would that technically be your first DUI, since you went through the ARD program and paid everything. Doesn't that expunge your record? Thank you.


Asked on 7/07/07, 7:47 am

2 Answers from Attorneys

Daniel Cevallos Cevallos & Wong, LLP

Re: 1st/2nd DUI in PA

You should call/talk to a private attorney. Depending on additional facts, this could be a real problem.

-Danny Cevallos

[email protected]

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Answered on 7/07/07, 9:46 am
John Gibson John W. Gibson, Esquire

Re: 1st/2nd DUI in PA

No, it doesn't. For purposes of A.R.D. it depends on the discretion of your County's District Attorney as to whether you are eligible for A.R.D. but under the present Pennsylvania statute he would not have discretion to treat this as a first DUI arrest.

In Fayette County, unless it has changed in the past couple of years, one A.R.D. means one A.R.D. in your life. In Allegheny County the limit is 10 years. However, in any County this is a second D.U.I.

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Answered on 7/07/07, 3:45 pm


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