Legal Question in DUI Law in Pennsylvania

Can you be charged for a 2nd DUI after 9yrs on the first

I got a DUI in 1996. I completed all ARD classes, and paid all fines. I received a letter in the mail saying it was expunged from my record seven years later. Now I just got another DUI lately. Can the this one be considered as my second charge? (They just changed the law to ten years for it to be off your record)


Asked on 9/06/05, 5:41 pm

3 Answers from Attorneys

Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: Can you be charged for a 2nd DUI after 9yrs on the first

First you need to consult with an attorney as soon as possible, and under no circumstance should you give any further or additional statement to the police without your attorney present.

Having said this, you may be treated as a first time offender even though this is your second offense, but don't count on it. Contact my office as soon as possible to schedule an initial consultation, the sooner you act the stronger your defense will become.

You can also view my website for additional information in regards to your DUI charge and what to possibly expect. www.Alleghenyattorneys.com

Sincerely,

Marc V. Taiani, Esquire

AAAL - Allegheny Attorneys At Law

www.AlleghenyAttorneys.com

412.731.0865 (Office)

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Answered on 9/07/05, 11:40 am
Mark Johns Mark Johns, Esquire

Re: Can you be charged for a 2nd DUI after 9yrs on the first

Your situation will depend on when in 1996 you were placed on the ARD program. As the law changed in 2003 you may have completed a seven year period that the staute previously detailed. Regardless of you eligibility for ARD you need to speak with an attorney as soon as possible as the new laws impose significantly tougher penalties. I offer free consultations.

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Answered on 9/06/05, 5:55 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Can you be charged for a 2nd DUI after 9yrs on the first

It may be considered your second offense. There may be an argument as to whether it should be your first. Were you on ARD the 1st time? You should get an attorney as soon as possible.

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Answered on 9/06/05, 7:12 pm


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