Legal Question in DUI Law in Pennsylvania

lenght of time a dui remains on record vs lifetime dui count

Hello, I was informed that my past dui in 1989 may be included in the lifetime amount along with a recent stop and possible dui this month 1/16/08 to bring my total # to 2 and keep me out of the ARD program. I thought that after ten years if i am convicted that this could bee seen as a first offense and elegible for ARD. I am confused as to the ten year look back and the lifetime record.


Asked on 1/19/08, 3:16 am

2 Answers from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: lenght of time a dui remains on record vs lifetime dui count

There is a 10-year lookback for sentencing purposes. So, this would be your 1st DUI for sentencing purposes.

With regard to ARD, whether or not to offer ARD is in the total discretion of the District Attorney. Some DA's have a policy that they will offer ARD for DUI's that occur more than 10 years from the previous, or more than 15, etc. Some DA's have a policy that they will not offer ARD if there is a previous lifetime DUI.

Are you eligible for ARD under the law? Yes, but only if the DA offers it, and it's totally up to him/her.

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Answered on 1/19/08, 11:01 am
John Gibson John W. Gibson, Esquire

Re: lenght of time a dui remains on record vs lifetime dui count

Mr. Pascal is right. If you're in Fayette County, for example, any previous ARD disqualifies you for ARD (at least it did about 3-5 years ago). In Allegheny County it was 10 years. These may have changed though since the 2003 laws changed the "look back" period to 10 years.

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Answered on 1/19/08, 2:52 pm


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