2nd DUI in PA

[drazen]

What is the name of your state (only U.S. law)? PA
After my first DUI I completed ARD and had the charges expunged. Now that I am facing a second (only two years after the first), I am wondering when the charges reflect 2nd offense? My initial citation was 1st offense from the officer. After my preliminary hearing the judge didn't change it to 2nd offense. The bail bond that we both signed states DUI 1st offense. Does that change to 2nd offense at the arraignment or do I have a chance of getting ARD again?
TIA,
Draz

 

[Just Blue]

What is the name of your state (only U.S. law)? PA
After my first DUI I completed ARD and had the charges expunged. Now that I am facing a second (only two years after the first), I am wondering when the charges reflect 2nd offense? My initial citation was 1st offense from the officer. After my preliminary hearing the judge didn't change it to 2nd offense. The bail bond that we both signed states DUI 1st offense. Does that change to 2nd offense at the arraignment or do I have a chance of getting ARD again?
TIA,
Draz

AA Should be your friend.

 

[drazen]

AA Should be your friend.

I am now almost 6 months sober and yes, do attend AA meetings, have a sponsor, am doing the steps, have a counselor and am going to group counseling as well in addition to taking naltrexone.

 

[quincy]

What is the name of your state (only U.S. law)? PA
... do I have a chance of getting ARD again? ...

It is possible you could be eligible for ARD again. What was your first offense charged as?

 

[drazen]

It is possible you could be eligible for ARD again. What was your first offense charged as?

I was charged DUI 1st offense the first time, and then 1st offense the second time as well, due to the first one being expunged. I just assumed the charges on the bail bond would reflect DUI 2nd offense before going to arraignment.

 

[quincy]

I was charged DUI 1st offense the first time, and then 1st offense the second time as well, due to the first one being expunged. I just assumed the charges on the bail bond would reflect DUI 2nd offense before going to arraignment.

I meant the charge section number. Was your first offense charged under section 3802(a)(2) - that is, with a BAC of between .08% and 0.99%?

And under what section number are you being charged now?

 

[drazen]

I meant the charge section number. Was your first offense charged under section 3802(a)(2) - that is, with a BAC of between .08% and 0.99%?

And under what section number are you being charged now?

First one was 3802 A1; 3802 C (highest BAC)
Second one just says 3802 A1 with no additional charge page, although it was initially the highest BAC again with some other traffic violations that were since removed at the preliminary hearing due to the officer's kind change of heart.
It was a crazy day at the magistrate....never even talked to the judge, only the officer and my lawyer briefly. I am wondering if something got mixed up there and my charges were never changed to 2nd offense, is that possible?

 

[quincy]

First one was 3802 A1; 3802 C (highest BAC)
Second one just says 3802 A1 with no additional charge page, although it was initially the highest BAC again with some other traffic violations that were since removed at the preliminary hearing due to the officer's kind change of heart.
It was a crazy day at the magistrate....never even talked to the judge, only the officer and my lawyer briefly. I am wondering if something got mixed up there and my charges were never changed to 2nd offense, is that possible?

First, I meant in my earlier post to write "0.099%" - I left off an important "0." I tried to edit my post but for some reason am having trouble with the edit feature.

I do not see that you will be eligible for ARD again, based on your previous DUI charge. But you should speak to your lawyer to determine this better.

While it might be nice for you to think your first DUI will not play a factor in sentencing on your second DUI, I would not count on it. It appears you are facing mandatory jail time and fines and a driver license suspension.

It is good that you have a lawyer to help you and it is good that you are 6 months sober. Good luck.

 

[drazen]

Thanks I appreciate you input and your kind words. I am praying for house arrest....and had been for a while. Then I received ARD info in the mail and my lawyer saw that as a glimmer of hope. I just didn't want to get too excited about it all. But it did make me question why it still read 1st offense on the bail bond.....

 

[Proserpina]

(no legal advice)

Good luck with your continued sobriety

 

[quincy]

Thanks I appreciate you input and your kind words. I am praying for house arrest....and had been for a while. Then I received ARD info in the mail and my lawyer saw that as a glimmer of hope. I just didn't want to get too excited about it all. But it did make me question why it still read 1st offense on the bail bond.....

Your charge shows as a first offense because your first DUI was dismissed and expunged, which means the first DUI is no longer showing up in the police databases. However, your first DUI charge and the fact that you were in the ARD program did not entirely disappear. Records still exist and can be used for sentencing on subsequent offenses.

Because this is your second offense, unless your attorney can get the charge reduced or dismissed, you are looking at mandatory jail time. Even the judge can't change this. But, you have some positives in that you are attending AA meetings and you are in counseling. Your attorney will work for you and with the prosecutor to see that your outcome is as good as it can possibly be based on the facts.

I hope, as do others, that you have success in maintaining your sobriety. Good luck in court.

 

[drazen]

Thank you both for you words of encouragement.

 

[quincy]

Thank you both for you words of encouragement.

Good luck, drazen.