Am i eligable for ARD or avoid jail time for 2nd DUI in a different state the the first?

Asked 4 months ago - Bethlehem, PA

I had a DUI in NJ back in 2010 and just recently got a 2nd DUI in PA.

Attorney answers (7)

  1. Zachary Cooper

    Contributor Level 13

    8

    Lawyers agree

    Answered . PA will look to all other states to see if you have any prior DUI's. if the NJ conviction is found the District Attorney's can deny your admission to the program. I would make sure to talk with an experienced DUI attorney to go over all of your options and possible defenses.

  2. Lidia L. Alperovich

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . no

  3. Thomas J. Wagner

    Contributor Level 19

    5

    Lawyers agree

    Answered . Eligibility for ARD varies from county to county but it is unlikely that you are eligible with a prior in NJ just three years ago. It is also unlikely that you can avoid jail time if convicted of a second offense DUI (unless the BAC was less than .10 in which case IPP might allow you to avoid jail time). There may be an intermediate punishment program in the county of your current DUI which can might help you avoid serving the mandatory minimum in your case and substitute some of the jail time for electronic monitoring. You should hire a seasoned criminal defense attorney and if you cannot afford one, then apply immediately to the public defender's office.

  4. Robert J. Kirwan II

    Contributor Level 4

    4

    Lawyers agree

    Answered . Unfortunately you are not eligible for ARD in PA. It will be considered a 2nd offense in PA. However, there are "Second Time Offender" programs available in most counties or it may be possible to negotiate an Intermediate Punishment sentence in other counties. Consult with a local attorney in the county where you recieved the recent DUI.

  5. James Matthew Polyak

    Contributor Level 4

    3

    Lawyers agree

    Answered . Yes you are eligiable for ARD. Since your prior DUI occurred in New Jersey, you would not be precluded from getting ARD for your current DUI in Pennsylvania. Section 3807 of the PA. Motor Vehicle Code only precludes people from getting ARD for a second DUI, if you had a passenger in you car under age 14, or if you were involved in an accident which resulted in death or serious injury, or your prior DUI was in PA and resulted in a conviction or ARD. Assuming none of these apply to you, you are not statutorily precluded from getting ARD for your 2nd DUI charge. Contact an experienced DUI lawyer as soon as possible to discuss your options.

  6. David Craig McKenzie III

    Contributor Level 11

    2

    Lawyers agree

    Answered . ARD is almost exclusively reserved for first-time offenders. Inasmuch as you have a prior DUI in 2010 it is highly unlikely ARD will be an option for you. You should contact an experienced DUI attorney to review your options. Best of luck.

    This response contains general information about legal matters. The information is not advice, and should not be... more
  7. Anthony DeLuca

    Pro

    Contributor Level 8

    Answered . An "equivalent" out of state conviction for DUI and prohibit your entry into the ARD program for a second offense within ten (10) years. Some states have a "summary" DUI that does not prevent admission to the program in Pennsylvania. In the end, the District Attorney of each County makes the determination as to whether you are eligible so I recommend talking to an experienced criminal defense attorney in your area before proceeding.

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