2 dui,s

[polo620]

My question is I was convicted of dui at an arraignment in new york city about 5 years ago. I never went back to court, and now recently I was charged with a second dui here in pennsylvania. Now first of all i know i have a warrant out in new york but since to me this case has not closed yet,could i possibly be charged with only a first dui in pa?

[FlyingRon]

I think that an out of state DUI (regardless of a disposition) does not bar you from ARD (though it may dissuade the DA from allowing it). If you were found guilty at arraignment (I assume you plead guilty / no contest), why don't you think the case is close? You may still be on the hook for something (fines, community service, classes), but you'll have a conviction history from the moment the judge says guilty even if you weren't sentenced.