If you are arrested for a DUI 16 years after a previous such arrest, is it considered to be your first or second offense?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If you are arrested for a DUI 16 years after a previous such arrest, is it considered to be your first or second offense?
I was arrested for a DUI 16 years ago. I just got arrested last month on 2 counts of DUI and my BAC was a .231. Is this considered a 1st or 2nd offense.
Asked on July 8, 2011 under Criminal Law, Pennsylvania
Answers:
howard rovner
Answered 12 years ago | Contributor
Great question.
Please go to www.greaterphiladelphialawyer.com for a free case analysis.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
What you are thinking about here is, what period of time must pass before a prior DUI is no longer considered in terms of penalties imposed for a DUI conviction. By virtue of something known as the "look-back period" a prior conviction is not considered in sentencing if it is too old. For example, in a state with a 5 year look-back period, if you were to have another DUI in year 6, the punishment for the second DUI would be the same as if it were your first. In PA the look back period is 10 years, so since your prior offense is 16 years old, this latest offense will be considered to be your first.
Note: The look-back period only applies for the purposes of imposing a penalty. It still remains on your record.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.