Legal Question in DUI Law in Pennsylvania

Re: 1st or 2nd offense?

This is an interesting question. At least one Pennsylvania Appellate Court has found that probation prior to judgment in Maryland was not a conviction of a substantially similar offense within the meaning of the interstate Drivers Licensing compact. It is Lueth v. DOT Bureau of Driver Licensing, 785 A.2d 133.

You should definitely have an attorney represent you in this matter.

Re: 1st or 2nd offense?

It really depends, and it's hard to say from your facts. I need to know more about your arrest and what you are charged with. Often, your attorney can avoid you losing your license when the previous conviction was out-of-state. Feel free to call our offices for a free consultation, or you can even e-mail me directly at [email protected].

-Danny Cevallos

267.639.3105

Re: 1st or 2nd offense?

Most likely your DUI in MD did not result in a conviction. I say that b/c of prgorams that MD runs for first time offenders. However, PA will consider MD's pretrial diversionary program substantially similar to PA's ARD program, which is not a conviction either. Nonetheless, both will be considered first offenses prohibitning you from entering the PA's ARD program and subjecting you to enhanced penalties for being charged with your second DUI.

Smaller counties will sometimes make excpetions and admit you into the ARD Program. You need to retian an attorney to go over your charges and speak with the autorities. Give me a call if you have any more questions.

Re: 1st or 2nd offense?

I disagree with the previous two answers. I think it will be a second dui. There is a chance, depending on how the MD case played out that you can argue that it is a first, but i strongly think it will be a second.

Call for a free consultation. 215.825.5183. Good Luck. Brian