First Dui
Can a second DUI be treated as a first offense if the time period between is more than 5 years?
In PA, if a person is arrested for a DUI, and then arrested again more than five years later with no offenses in between, can the second DUI be treated as a first offense?
In PA, they use the ARD program for first time offenses in a large majority of cases. Under the ARD program, once all the court requirements (typically fines, classes, community service, probation, etc) are completed, the DUI is “expunged” from your record. However, the offense is still visible to the police and court system in the case of a second DUI offense.
In PA under the ARD program, you must go 10 years (not 5) in between offenses before a second-offense DUI will be treated as a first offense. So, for example, if you got a DUI and had it expunged in 2000, you must go 10 years (2010) before a second DUI will be treated as a first offense.
Long story short, assuming the first offense was processed under the ARD program, a second offense within 5 years would be treated as a second offense, not a first offense. If the first offense wasn’t processed under ARD, it will still be treated as a second offense.
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