Charged with DUI 1st offense but have Prior in another State

[anynonmous12]

What is the name of your state (only U.S. law)? PA

I had a DUI in Illinois 8 years ago and went though a program similar to ARD. The case was dismissed in Illinois upon the successful completion of the DUI classes. I recently received a DUI in PA. I received my preliminary hearing papers from the court and it says I'm being charged as a first offense. Is it likely that I will be charged as a first offense? Did anyone else who received their court papers have a similar situation? I'm hoping I will get charged as a first offense in court but based on my research it would be unlikely given the 10 year look back period.

 

[HighwayMan]

...it says I'm being charged as a first offense. Is it likely that I will be charged as a first offense?

How can you ask that when you clearly said you ARE being charged as a first offense?

 

[anynonmous12]

How can you ask that when you clearly said you ARE being charged as a first offense?

The DA can amend the charge to a second offense at any time. I am asking if there is anyone else who went through a similar situation and discovered during court they decided to charge as a second offense. I am not sure if this is clerical issue or whether the DA just decided to pursue this as a first offense.

 

[quincy]

The DA can amend the charge to a second offense at any time. I am asking if there is anyone else who went through a similar situation and discovered during court they decided to charge as a second offense. I am not sure if this is clerical issue or whether the DA just decided to pursue this as a first offense.

First, I have not gone through a similar situation.

If you have not consulted already with a criminal defense attorney in your area of Pennsylvania, I recommend you do so soon.

The "first offense" that appears on your preliminary hearing papers is probably neither a clerical mistake nor a decision by the DA not to prosecute your DUI as a second offense. The words first offense will often appear on initial papers. If prior in-state or out-of-state DUIs are discovered, the DA can decide to charge the current DUI as a second (or third or more) offense. This will be more likely if the Illinois DUI law that you were charged under 8 years ago is similar to Pennsylvania's DUI laws.

Pennsylvania has a 10 year "look back" for offenses.

As a note: If your prior offense is NOT discovered by the DA prior to the hearing and you are offered the ARD program, I believe that you will need to fill out an application that makes you list prior offenses. Because you will be swearing to the truth of the statements you make in the application, you will have to be honest and reveal your prior Illinois DUI.

Again, it is important that you have a criminal defense attorney helping you. You do NOT want to speak to the DA prior to speaking to your own attorney. Let your attorney work for you by having him work with the DA.

Good luck.

 

[FlyingRon]

There's no separate "second offense" charge. The second offense only comes into play at the sentencing phase (and when the prosecutor is determining whether to allow ARD). Note that the PSI done in either case will likely find it.

 

[quincy]

Here is a link to Pennsylvania DUI fines and sentencing, presented by the FreeAdvice staff: http://criminal-law.freeadvice.com/criminal-law/drunk_driving/pennsylvania-dui.htm

I agree with FlyingRon that your DUI in Illinois is not likely to remain a secret and, therefore, it will be considered in sentencing. How much weight it will be given, however, is a question mark - although your attorney should be able to give you an idea.

 

[HighwayMan]

I am asking if there is anyone else who went through a similar situation...

Regardless, whatever may have happened to other defendants has no bearing on your case.

 

[anynonmous12]

Thank you for all your responses. Is it possible to not do ARD to avoid presenting my prior offense?

 

[quincy]

Thank you for all your responses. Is it possible to not do ARD to avoid presenting my prior offense?

Yes. Not that this is necessarily to your advantage, though.

It is likely that the DA will learn of your other DUI even if not through your own admission on the ARD application. The DA could decide your prior offense was long enough ago not to be much of an issue for you. I don't know. But, again, I recommend you speak with an attorney in your area and follow his advice and direction.

Good luck.

 

[FlyingRon]

As I said, even if you plead guilty, there will be a pre-sentence investigation done. That will likely find the other conviction.