Yes it a 2nd offence for punishment reasons.... but even if you had it expunged... the D.A Keeps records forever of who did ARD and why forever...What is the name of your state? Pennsylvania
If you previously had a DUI arrest and successfully completed ARD, but never took the steps to have it expunged, and get second arrest 4 years later, does that still show as a second DUI offense in the PA tier system?
You serve your ARD, but it's still an offense?????
the 2nd was in NJ, not in PA. don't know if I mentioned that, but the ramifications will not be what PA would impose on a normal 2nd PA DUI.you can bet you will be going to jail....
the judges don't have any leay way with this ...
they have mins and maxs for jail time.. off the top of my head I think the min is 5days in jail for a second DUI... longer up to a year if you get a bad judge who is hard on DUI...
I would consider fighting it.. it will be on your criminal record forever... and will effect getting a decent job for some time to come....
your choice... but more with this than just jail...
possibly you taking care of you and if you have a family I would take it very serious.
I will not face a judge in PA, just in NJ.
Thanks for your opinion. I am just going off of what I've been told this week by two lawyers; one in PA and one in NJ. If they're wrong, then it will be a surprise to me. If it's treated like a 2nd DUI/DWI in NJ and the above penalties apply to me, I am ready to face the music. You are the first person to state the above penalties. I am not saying you are wrong. I don't know if you're trying to scare me, but above you have 48 to 90 days imprisonment and you just happen to leave out "hours" after the 48. I know that this was just cut, copied and pasted, but you had to manipulate it before you posted it.....and how will this "just in NJ" judge help?
It will be treated as a second DUI in NJ as well..
NJ punishments will apply and here is what you will be facing..
DUI/DWI Second Offense
$500 to $1,000 monetary fine
48 to 90 days imprisonment
up to 2 years driver’s license suspension
possible vehicle interlock device
30 days community service
best of luck
Thanks for your opinion. I am just going off of what I've been told this week by two lawyers; one in PA and one in NJ. If they're wrong, then it will be a surprise to me. If it's treated like a 2nd DUI/DWI in NJ and the above penalties apply to me, I am ready to face the music. You are the first person to state the above penalties. I am not saying you are wrong. I don't know if you're trying to scare me, but above you have 48 to 90 days imprisonment and you just happen to leave out "hours" after the 48. I know that this was just cut, copied and pasted, but you had to manipulate it before you posted it.....
2nd Offense:
fine between $500 & $1,000, community service for 30 days, imprisonment between 48 hours and 90 days, and 2 year revocation of driver's license
The ARD program generally provides that if you complete it, there is no conviction on your record. This is probably why the PA DUI did not carry over to NJ - because NJ will only recognize a conviction. Your attorney should check the final disposition papers in PA regarding the ARD to be sure.