Legal Question in DUI Law in Pennsylvania

First or second offense?

I was pulled over at 1:30 am on Aug. 22, 04 for changing lanes without a signal. I had been at a party earlier but stopped drinking two hrs. before driving. I was field tested, breathalyzed and then taken to have blood drawn. To my surprise, my BAC came back at .09. I had one previous DUI arrest(also in Chester County, PA) in Nov. 1992. I completed ARD for the 92 arrest. I just waived my Prelim. Hearing 2 days ago and submitted an ARD app. I have an ARD court date for Dec. 14. IF this ARD app. is NOT accepted, will this count as my FIRST or SECOND offense since the first one was 12 yrs. ago? If it is a First Offense, I understand there is no license suspension for ''general impairment''. . is that correct? Thank you.


Asked on 10/21/04, 12:03 pm

1 Answer from Attorneys
Matthew Schelkopf Chimicles & Tikellis

Re: First or second offense?

It will count as your 1st offense since the other did not occur within 7 years. Unfortunately, I wouldn't count on be accepted to ARD again. If you need representation please feel free to contact me.

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Answered on 10/21/04, 1:42 pm


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